Justice Hafisata Amaleboba, a nominee to the Supreme Court, says persons serving as judges and chiefs at the same time must be measured when commenting on issues, especially on political matters, to protect their neutrality.
Justice Amaleboba made the remarks during her vetting by Parliament’s Appointments Committee on Wednesday when responding to a question regarding some chiefs openly declaring support for some presidential candidates during electioneering campaigns.
Asked whether the number of judges on the Supreme Court (SC) bench should be capped, the nominee said she believed in capping the number of judges on the SC.
However, that could be done when the issue of the backlog of cases and the Court’s jurisdiction is fully resolved.
Asked whether the Chief Justice’s (CJ) knowledge of the judges before empanelling the bench on a particular case would influence the judges’ decision, the nominee said judges were independent-minded individuals and their decisions on any case would not be influenced by the CJ’s knowledge of them.
Responding to delays in adjudicating cases in the Courts, Justice Amaleboba attributed the delays to a lack of judges and insufficient manpower, as well as court processes and procedures, especially on matters of filing pleadings.
Responding to her appointment by the President as a nominee to the SC bench whilst there are senior judges at the Appeals Court, she said, the President had the prerogative to appoint qualified judges, noting that she had spent 11 on the bench and 15 years as a private legal practitioner and that she was competent enough to discharge her duties well, upon approval.
On the sharing of property after dissolution of marriage, the nominee said, the Family Law principles applied equally to both males and females without discriminating against anyone based on one’s gender.
“I sat on a marriage dissolution case and the woman has property and the man did not, but the man is entitled to the wife’s property, and so, I applied the law and gave some of the woman’s property to the man,” Justice Amaleboba stated.
The nominee also shared her views on constitutional and other pressing national issues.
President John Mahama, earlier this year, nominated seven justices who are currently serving on the Court of Appeals bench to the Supreme Court.
The nominees are Justice Senyo Dzamefe, Justice Sir Dennis Dominic Adjei, Justice Gbiel Simon Suurbaareh, Justice Philip Bright Mensah, Justice Janapare Adzua Bartels-Kodwo, Justice Hafisata Amaleboba, and Justice Kweku Tawiah Ackaah-Boafo.
The President’s nomination is based on Article 144(2) of the 1992 Constitution, which requires the President to appoint Justices of the Supreme Court in consultation with the Council of State and with the approval of Parliament.
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