Audio By Carbonatix
A Justice of the Supreme Court, Justice Richard Adjei-Frimpong, has clarified that while Ghana’s Constitution sets a minimum of 15 years’ legal practice for appointment to the apex court, the reality is that candidates are typically expected to exceed that threshold.
Speaking on JoyNews' The Law on Sunday, April 12, as part of discussions marking the Supreme Court at 150, he explained that experience, though critical, is only one part of a broader and more rigorous selection process.
“The Constitution has set the constitutional preconditions: 15 years in practice, you must be a person of high moral integrity.” He noted, however, that in practice, nominees usually bring significantly more years to the table.
“By convention, we don’t consider people at exactly 15 years. It usually goes beyond that—20 years and the rest," he explained.
Beyond years of practice, Justice Adjei-Frimpong emphasised that moral integrity remains a central—though less easily quantifiable—requirement.
“That is a bit difficult to measure… but I think the process of appointment is such that… the person would have acquitted himself in terms of meeting that particular precondition.”
He explained that Ghana’s judicial appointment system is designed to thoroughly assess both competence and character through multiple layers of scrutiny.
The process begins with background checks and assessment by the Judicial Council of Ghana, where candidates undergo what is informally referred to as an “interaction.”
“Some background checks are made on a particular applicant or nominee. And then the person appears before the Judicial Council… you are questioned.”
Following this stage, recommendations are made to the President, who is constitutionally required to consult the Council of State (Ghana) before proceeding. “The president… is to consult with the Council of State… and then the name is forwarded to Parliament.”
At the legislative level, nominees face public and parliamentary scrutiny through the vetting process conducted by the Parliament of Ghana. Their names are published, and the public is invited to submit comments or petitions ahead of the hearings.
According to Justice Adjei-Frimpong, successfully navigating this multi-stage process serves as a strong indication that a nominee meets the required ethical standards.
“If one is able to go through all the process… the person would have passed that moral integrity test… at least prima facie.”
He concluded that while the constitutional benchmark of 15 years provides the baseline, the combination of extensive experience, proven integrity, and rigorous institutional vetting ultimately determines who qualifies to serve on Ghana’s highest court.
“If you’re able to meet this, then you’ll qualify to serve on the highest court of the land.”
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