Justice Yaw Apau and Gabriel Pwamang in enhanced photo
The Supreme Court will earlier today hear the Ghana Bar Association’s (GBA) appeal stimulating the employment of two Supreme Court judges.
The GBA expressed that, the employment of Justice Yaw Apau and Gabriel Pwamang by the president is in defilement of the approvals by the Judicial Council.
The GBA is of the vision that the procedures President Mahama used in employing the two justices were illegal and therefore the Supreme Court should announce it worthless and void.
The case on the first hearing was suspended to allow the AG and lawyers of the Bar Association to case all their processes to permit hearing originate fully.
The four liberations the GBA is observing are;
1. A statement that upon true and proper production of Article 144 sections (2) and (3) of the 1992 Constitution, all appointments made by the President of the Republic of Ghana to the Supreme Courts are lawful only to the point that such actions are made in fixed agreement with the advice of the 2nd defendant here, the Judicial Council.
2. A statement that upon true and proper clarification of Article 144 (2) and (3) of the 1992 Establishment, a legal trust is created in the 2nd defendant herein, the Judicial Council, to make selections of the person(s) best skilled to serve as Justices of the Superior Courts of Judicature and the 2nd Defendant is important to ensure that such proposals are actually stand up to by the President to Parliament for the agreement after due sessions with the Council of State.
3. A statement in view of that, upon true and proper erection of the Article 144 sections (2) and (3) of the 1992 Configuration the Judicial Council of the Republic of Ghana has a legal compulsion to definitely advise the President of the Republic of Ghana as to which particular person) is fit for appointment to work as Justice(s) of the Superior Courts of Judicature in agreement with which guidance the President is mandatorily required to exercise his powers of selection.
4. A statement that an employment of non-appointment by the President if the Republic of Ghana of a Justice of the Superior Court in a manner out of settlement with the advice of the Judicial Council is illegal, useless, invalid and of no effect.
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