Supreme Court nominee Justice Senyo DzamefeSupreme Court nominee Justice Senyo Dzamefe has admitted there is a constitutional gap regarding who assumes presidential authority when the President, Vice President, and Speaker of Parliament are all out of the country on international duties.
Responding to questions during his vetting by Parliament’s Appointments Committee on Monday, Justice Dzamefe said, “there is no constitutional provision that required the Chief Justice to be sworn in as the President of Ghana in the absence of the authorities.”
His comments follow controversy in May this year, when President John Mahama, Vice President Professor Naana Jane Opoku-Agyemang, and Speaker Alban Bagbin were simultaneously outside the country. The Minority in Parliament accused the government of breaching Article 60 of the 1992 Constitution.
“This represents a clear and egregious violation,” the Minority said in a statement. “The Constitution is clear: when the President and Vice President are both out of the country, the Speaker must be sworn in to act as President.”
They cited the Supreme Court ruling in Asare v. Attorney General, which reinforced that the country should never be left without a constitutionally mandated leader.
Justice Dzamefe, while reflecting on broader constitutional and national issues, also advocated for urgent reforms in the judiciary. He emphasised the need for digital transformation in court operations, including virtual hearings, to improve the speed and efficiency of justice delivery.
He proposed fixed timelines for case resolution — suggesting three months for criminal cases and six months for civil matters — and called for better tools and motivation for judicial staff to boost productivity.
Justice Dzamefe also reaffirmed his respect for presidential term limits, declaring his strong support for Article 66(2) of the Constitution, which restricts any individual from serving more than two terms as President.
President Mahama, earlier this year nominated seven Court of Appeal judges to the Supreme Court, including Justice Dzamefe, in line with Article 144(2) of the Constitution. The other nominees are Justices Sir Dennis Dominic Adjei, Gbiel Simon Suurbaareh, Philip Bright Mensah, Janapare Adzua Bartels-Kodwo, Hafisata Amaleboba, and Kweku Tawiah Ackaah-Boafo.
