(L-R) Justice Janapare Adzua Bartels-Kodwo and Justice Philip Bright Mensah during thier vetting

Two of the seven Supreme Court (SC) nominees of President John Dramani Mahama —Justice Philip Bright Mensah and Justice Janapare Adzua Bartels-Kodwo — faced the Appointments Committee of Parliament on Tuesday, June 17, 2025.

The two justices of the Court of Appeal were questioned on a number of controversial issues concerning Ghana’s legal system, including provisions in the 1992 Constitution.

As expected, the session was not without drama. Members of the Appointments Committee from both the Minority and Majority sides clashed, with the usual protagonists — Committee Chairman Bernard Ahiafor and Ranking Member Alexander Kwamina Afenyo-Markin — engaging in sharp exchanges once again.

Below are some highlights from Day II of the vetting:

National Service suggestion for fresh lawyers

Justice Bartels-Kodwo proposed that newly qualified lawyers be included in the National Service Scheme to help close the gap in the access to legal services for the poor and marginalised.

She recommended that law graduates be posted to Legal Aid offices across the country to assist in providing services to the vulnerable.

“Legal Aid has its issues in terms of funding, insufficient lawyers, and other peculiarities. Many more people need Legal Aid than the current system can offer.

“One thing that comes to mind in staffing Legal Aid is that fresh lawyers could be made to do their national service in Legal Aid offices. That will help fill the gap, build capacity, and achieve what the institution is meant to do,” she said.

Capping Supreme Court Justices at 20

Justice Bright Mensah, like the three justices vetted on Monday, June 16, 2025, weighed in on the debate regarding the number of judges appointed to the Supreme Court.

However, contrary to the view shared by Justices Senyo Dzamefe, Sir Dennis Dominic Adjei, and Gbiel Simon Suurbaareh—that the number should not be capped—Justice Mensah suggested a cap of 20.

“If you ask me the minimum number, I would recommend for the Supreme Courta number. say 20. Given the workload, I believe 20 judges would be appropriate,” he stated.

“As the caseload increases, it is only fair and reasonable that more judges are appointed to handle them,” he added.

Sex at 16, marriage at 18 debate

The two nominees were asked about the country’s law which allow consensual sex at age 16 (under the Criminal Offences Act, 1960), while setting the legal marriage age at 18 (under the Children’s Act, 1998).

Justice Philip Bright Mensah said the laws should remain unchanged, arguing that the issue largely concerned morality.

“Will these girls wait until 18? That is a question we must also look at. If she remains chaste until 18, that is well and good. But if, as a parent, you’re asleep while your child is somewhere unknown, how can you control her? The law should remain as it is, at least for now,” he said.

Justice Bartels-Kodwo agreed, noting that the disparity between the legal age for sex and marriage had existed for years. She stressed the need for robust girl-child education.

“If someone can have sex at 16 but cannot marry, what is the point? All the dangers are there… I think education is a natural contraceptive,” she said.

Appeal Court judge mocks Afenyo-Markin

A lighthearted moment occurred when Justice Bright Mensah subtly mocked Afenyo-Markin, the Ranking Member of the Committee, over a past legal defeat.

Afenyo-Markin, who is also the Minority Leader and MP for Effutu, questioned the judge about a Court of Appeal decision that dismissed his client’s appeal. He contended that the ruling violated his client’s human rights.

Justice Bright Mensah replied with a chuckle, “I'm very happy that my decision was affirmed, and when you went to the Supreme Court, you were also overthrown.”

He added, “Judges do justice according to the law, not emotions. The court you approached was not a human rights court. You were not raising human rights issues. Equity follows the law.”

Judge settles debate on Mahama’s 3rd term claims:

Justice Bartels-Kodwo firmly rejected any suggestion that President Mahama could seek a third term.

“It is crystal clear; the president cannot hold office for more than two terms. Period,” she said, referencing Article 66 of the 1992 Constitution.

Afenyo-Markin clashes with Ahiafor

As the day’s proceedings drew to a close, tensions flared again between Committee Chairman Bernard Ahiafor and Ranking Member Afenyo-Markin.

Afenyo-Markin expressed frustration at interjections from Majority Caucus members while he was questioning Justice Bartels-Kodwo. He warned that political power would shift after the 2028 general election.

“One day they will be in this chair. Very soon. Let them enjoy the liberty of governance and intimidate me. I will get them,” he said.

Ahiafor responded sharply, suggesting that the NPP should look to return to power “after 50 years,” not just in four years.

BAI/VPO

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