Yesterday, President Akufo-Addo swore into office the hard-to-break Prof Henrietta Mensah-Bonsu as a Justice of the Supreme Court, as well as Justice Emmanuel Yonny Kulendi.
The swearing in of the duo brings the number to seventeen the Justices of the Supreme Court, but four are due for retirement soon.
The brief swearing in ceremony took place at Jubilee House separately under strict adherence to social distance, and wearing of nose masks, with few attendees.
Addressing Justice Prof Henrietta Mensah-Bonsu, President Akufo-Addo touted her credentials and expressed delight in being “the President who swore her into office as a Justice of the Supreme Court.”
He described her as having a stellar career in the worlds of academia and scholarship, female activism, international relations, public service and religious engagement. She is the 5th female member of the court.
According to the President, Justice Prof Henrietta Mensah-Bonsu “has met the stringent requirements of Article 128 clause (4) of the Constitution, and has exhibited the independence of spirit, proven integrity, high moral character, and impartiality of mind to hold this high office.”
President Akufo-Addo was without doubt that the appointment would help strengthen the development of the court’s jurisprudence and case law.
At the swearing in of Justice Emmanuel Yonny Kulendi, President Akufo-Addo cited the illuminating dicta of Sowah JSC in the locus classicus of constitutional interpretation, Tuffuor vs the Attorney General, who said: “the Constitution has its spirit… Its language, therefore, must be considered as if it were a living organism capable of growth and development. A broad and liberal spirit is required for its interpretation.” President Akufo-Addo stated that “the broad and liberal spirit” that has become hallowed by Tuffuor vs the Attorney General should inform the different perspectives that appointments to the court should reflect.
That is why, as Attorney General, from 2001 to 2003, in the Government of the 2nd President of the 4th Republic, His Excellency John Agyekum Kufuor, President Akufo-Addo proposed for nomination for appointment onto the court distinguished academic jurists of varying view points, such as Professor Samuel Kofi Date-Bah, the late Professor Tawia Modibo Ocran, and the late Professor A.K.P. Kludze, three persons who were not in the mainstream, but whose works turned out to have such significant impact on the growth of the court’s constitutional jurisprudence.
“As President, I have continued in this tradition by appointing, inter alia, the immediate past President of the Ghana Bar Association, Justice Nene Amegatcher, and the former Dean of the Faculty of Law, University of Ghana, Justice Professor Emmanuel Nii Ashie Kotey, again persons who were not in the mainstream, as members of the Supreme Court.”
He continued: “Indeed, earlier today, I have appointed another distinguished academic lawyer with an outstanding reputation in criminal law, Justice Professor Henrietta Mensa-Bonsu, onto the court. A blend of such persons with others on the court will enrich the evolution of our country’s jurisprudence.”
This, he said, was one of the strongest reasons for the appointment of Mr Emmanuel Yonny Kulendi, a highly-regarded, accomplished barrister, who forms part of the small group of persons appointed onto the court directly from the Bar, including Justice Nene Amegatcher and the late Edward Akufo-Addo.
Congratulating Justice Emmanuel Yonny Kulendi on his appointment to the Supreme Court, the President said the appointment was a particularly poignant experience for him.
“I was your pupil master in your early days at the Bar, and you cut your teeth in legal practice in my Chambers, Akufo-Addo, Prempeh & Co., before branching out to establish your own successful practice, Kulendi@Law, which has become a respected voice in the legal fraternity of our country. Your elevation, understandably, fills me with considerable pride,” he added.
However, President Akufo-Addo charged the justices to dispense justice in accordance with their conscience and the rule of law.
The President reminded the newly sworn judges separately that the Supreme Court was not bound to follow decisions of any other court, including its own, as stated in the 1992 Constitution.
He stressed that the situation where judges proffer judgement on the basis of decisions from lower courts and cite them as law is not acceptable.
“And, even less so, when judges cite no authority at all in their rulings, and give others without reasons. Judges, more so justices of the Supreme Court must be learned, know their case law, and ensure that decisions taken in their judgements are properly motivated. It is this manner that judges contribute to the orderly development of the nation. So, to our new Supreme Court judges, it is important that you dispense justice in full accord with your conscience and the rule of law,” he added.
On her part, Justice Prof Henrietta Mensah-Bonsu expressed gratitude to all who, in diverse ways contributed to her being at the apex court. She pledged loyalty and commitment to the task ahead, in the spirit of the words contained in the national anthem.
Justice Emmanuel Yonny Kulendi said he shall be guided by his conscience and the fear of God in what promises to be an exciting, but challenging, journey and phase of his life.
The post President swears in no nonsense Henrietta appeared first on The Chronicle Online.
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