Three of the seven Supreme Court justice nominees of President John Dramani Mahama faced the Appointments Committee of Parliament on Monday, June 9, 2025.
The first day of the vetting saw three nominees – Justice Senyo Dzamefe, Justice Sir Dennis Dominic Adjei, and Justice Gbiel Simon Suurbaareh – being grilled with questions on a number of topical legal issues.
The Supreme Court justices, who are all justices of the Court of Appeal, were asked questions on LGBT issues, capping of the number of judges at the Supreme Court and other controversial legal issues that have divided the public.
Here are the top five issues Supreme Court justice nominees touched on:
Capping of Supreme Court Justices:
One of the issues the nominees were questioned on was the issue of the capping of the number of justices at the Supreme Court.
The three nominees spoke against the assertion that the number of justices at the highest court of the land must be capped at a certain number.
Justice Senyo Dzamefe strongly advocated for an uncapped number of judges at the Supreme Court, stating that a larger number of judges is crucial to mitigate significant delays in the administration of justice.
“The framers of our law, the Constitution, know why they haven’t put a limit on the number of Supreme Court judges. It is not capped. So far, as the Constitution doesn’t cap the number of judges, I am for it,” he argued.
Justice Gbiel Suurbaareh also opposed calls to cap the number of Supreme Court justices, saying, “I do not think that the Supreme Court should be kept [at a fixed number]. If you look at the jurisdiction of the Supreme Court and the workload at the Supreme Court, capping the Supreme Court is not going to be helpful.”
LGBTQ+:
The issue of homosexual activities in Ghana also came up strongly. Justice Sir Dennis Dominic Adjei, who is a Catholic, was asked how he was going to handle cases on homosexual activities, given the faith he professes.
The nominee said that judges must remain guided by the law and their judicial oath, rather than personal religious beliefs, when determining cases before the court.
“We talk about our faith – it could be Christian, Muslim – but that is your personal faith. When you are in the courtroom, you have taken the judicial oath, which says you shall be impartial, irrespective of the persons involved.
“If any matter is brought before me – whether it is same-sex or whatever the issue – I will look at the circumstances, the applicable law, and offer my ruling on the legal position. If I allow my faith to guide my judgement, then I have abdicated my seat as a judge,” he said.
Presidential term limit:
The issue of the presidential term limit, which became a matter of public discussion following claims that President Mahama’s nomination of the seven justices is to get the Supreme Court to interpret the law on presidential term limit, Article 66(2), in such a way that he can run for a third term.
The judges who were questioned on the matter refuted the assertion that Article 66(2) can be interpreted to allow Mahama to go for a third term, stating that the law has only one meaning.
Justice Senyo Dzamefe said he does not know any other interpretation to give to the two-term presidential limit, apart from serving the two terms as the constitution states.
“What the constitution says is what must be done; if the constitution says two terms, I don’t know what interpretation can be put to it.
“Mr Chairman, the honourable member referred to the constitution, and that is what the constitution says. So, I can’t have anything against what is in the constitution,” he said.
Who rules when the President, Vice President and Speaker are out of the country:
The brouhaha surrounding the person who takes over the realms of government should the President, Vice President and the Speaker of Parliament be out of the country.
The justices spoke on the matter and all noted that there was a ‘constitutional lacuna’ anytime the President, the Vice President and the Speaker are outside Ghana.
They, however, differed on how the issue must be addressed.
Justice Senyo Dzamefe said there is no constitutional provision that requires that the Chief Justice to be sworn in as the President of Ghana in the absence of the authorities.
“The 1992 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,” he said.
He noted that the Chief Justice should be sworn in as acting president in the event that the President, Vice President and the Speaker are out of the country.
Justice Sir Dennis Dominic Adjei, on the other hand, dismissed claims that the Chief Justice can act as President in the absence of the President and Vice President, calling such interpretations outdated and legally unfounded under Ghana’s 1992 Constitution.
“You cannot compare that system to the 1992 Constitution. There is no provision in our constitution that allows the Chief Justice to act as President.
“Why should a judge or Chief Justice, whose role is to resolve disputes, be given executive responsibilities? That would create a conflict of interest and undermine the principle of judicial neutrality,” he said.
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