• Sat. Aug 13th, 2022

A Plus, Brogya Genfi file suit challenging Opoku-Agyemang’s nomination as Court of Appeal Justice

Two individuals, Kwame Asare Obeng (A Plus), a hiphop artist, political and social activist, and Yaw Broagya Genfi, a National Democratic Congress (NDC) activist, have filed two separate lawsuits in the Supreme Court seeking to stop Maxwell Opoku- Agyemang’s nomination for appointment as a Justice of the Court of Appeal.

In a letter dated February 8, 2022, addressed to the Chief Justice, Justice Anin Yeboah, the Attorney General, Godfred Yeboah Dame, submitted the names of 11 people (six serving High Court judges and five private legal practitioners) for consideration and advice by the Judicial Council in order for the President to appoint them as Justices of the Court of Appeal in accordance with article 144 (3) of the 1992 Constitution. Maxwell Opoku-Agyemang is one of the 11.

contention of the application
The two applicants argue that the nominee, Opoku-Agyemang, is ineligible to be appointed as a Justice of the Court of Appeal, claiming that the former acting Director of the Ghana School of Law was implicated for illegally admitting 10 students into the Ghana School of Law as a result of the findings of the General Legal Council’s Tony Forson Jnr chaired committee contained in a letter dated February 14, 2022 with Ref No. SCR 92/VOL.

According to the applicants, the conclusions of the aforementioned committee show that the nominee is unfit for the position because he lacks the high moral character and established integrity needed by Article 136 (3) of the 1992 Constitution for appointment as a Justice of the Court of Appeal.

Relief sought.
As a result, the applicants are seeking a number of reliefs. “A declaration that on a genuine and proper interpretation of Article 136(3) of the 1992 Constitution, which provides that;” is one of them.

“A person shall not be qualified for appointment as a Justice of the Court of Appeal unless he is of high moral character and proven honesty, and has served as a lawyer for not less than twelve years”; and

“Justices of the Court of Appeal and the High Court, as well as Chairman of Regional Tribunals, should be chosen by the President acting on the advice of the judicial Council,” according to Article 144(3).

The findings of the General Legal Council’s Tony Forson Jnr Chaired Committee, contained in a letter dated 14th February 2022, with Ref No. SCR 92/VOL. 88, to the effect that the 2nd Defendant, Mr. Maxwell Opoku-Agyemang, the former Acting Director of the Ghana School of Law illegally admitted 10 students into the Ghana School of Law, is not of high moral character and proven integrity for the purposes of being appointed

They also want “a declaration that, on a true and proper interpretation of articles 136(3) and 144(3) of the 1992 Constitution of Ghana, the 2nd Defendant, Mr. Maxwell Opoku-Agyemang, is not qualified to be recommended for nomination to the Judicial Council for advice and appointment as a Justice of the Court of Appeal” because he “is not of high moral character and proven integrity.”

They also ask the court for “a declaration that, on a true and proper interpretation of articles 136(3) and 144(3) of the 1992 Constitution of Ghana, the 1st Defendant, Attorney-General of the Republic of Ghana’s recommendation for nomination of the 2nd Defendant, Mr. Maxwell Opoku-Agyemang, who is not of high moral character and proven integrity, to the Judicial Council for advice contravenes article 136(3) of the 1992 Constitution and to that extent

Furthermore, the applicants want the Supreme Court to rule that “on a true and proper interpretation of articles 136(3) and 144(3) of the 1992 Constitution of Ghana, the 2nd Defendant, Mr. Maxwell Opoku-Agyemang, who is the subject of disciplinary proceedings by the 3 Member Disciplinary Committee of the General Legal Council, namely Mr. Amoak Afoko, Mr. Kwaku Gyau Baffour, and Professor Raymond Atuguba, is not qualified

The applicants’ final request is for “an order of perpetual injunction prohibiting the Judicial Council from considering the said recommendation of the 2nd Defendant, Mr. Maxwell Opoku-Agyemang for appointment as a Justice of the Court of Appeal by the President of Ghana,” as well as “any other order(s) the Honourable Court may deem fit.”

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