Afenyo-Markin Slams NDC Hypocrisy Over Supreme Court Nominations

Minority Leader Challenges NDC's Commitment to Political Principles

The Member of Parliament for Effutu and current Minority Leader, Alexander Afenyo-Markin, has delivered a scathing critique of the governing National Democratic Congress (NDC), formally accusing the political party of gross inconsistency and hypocrisy concerning the latest judicial nominations to the highest court of the land.

During an exclusive, in-depth interview on Joy FM's Super Morning Show, the outspoken legislator dissected the current administration's approach to the judiciary, contrasting it sharply with the rhetoric the party heavily utilized during its time in opposition. The focal point of the Minority Leader's argument is rooted in the recent actions of President John Dramani Mahama, who has formally nominated three new individuals to serve on the Supreme Court of Ghana.

The three prominent legal figures nominated by President Mahama, who are now awaiting the mandatory parliamentary scrutiny before their potential swearing-in, include:

• Justice Sophia Rosetta Bernasko Essah
• Justice Edward Amoako Asante
• Tony Forson, a distinguished private legal practitioner

In his submission, Afenyo-Markin was unequivocal in conceding the constitutional realities of the matter. He fully acknowledged that the Constitution of Ghana explicitly grants the sitting President the legal and executive authority to nominate judges to the Supreme Court. His primary contention, therefore, is not anchored in the legality of President Mahama's actions, but rather in the stark political contradiction exhibited by the NDC leadership.

The History of Court Packing Accusations

To contextualize his allegations of hypocrisy, the Effutu lawmaker drew the public's attention back to the tenure of the previous New Patriotic Party (NPP) administration, led by Nana Addo Dankwa Akufo-Addo. During that political era, the NDC, then functioning as the main opposition party, was fiercely critical of the NPP's judicial appointments. The NDC repeatedly accused the Akufo-Addo administration of executing a deliberate strategy to pack the apex court, a move they claimed was designed to heavily influence the ideological composition and ultimate decisions of the judiciary.

Afenyo-Markin specifically referenced a highly publicized controversy that erupted following a formal request made in May 2024. At that time, the then-Chief Justice, Gertrude Torkornoo, officially requested the appointment of five additional judges to the Supreme Court bench. This request was met with immediate and intense pushback from the NDC.

Leading the charge for the opposition in May 2024 was the NDC's General Secretary, Fifi Kwetey. Kwetey issued strong public demands for a complete halt to any further judicial appointments under the NPP government. The NDC General Secretary argued vehemently that proceeding with such appointments meant the judiciary ran a severe risk of being compromised and unduly influenced by the executive branch.

According to Afenyo-Markin, the current posture of the NDC -- now that they hold the reins of executive power -- stands in complete contradiction to the fierce advocacy and warnings they issued through figures like Fifi Kwetey just a short time ago.

Questioning Integrity and Political Consistency

Taking a direct swipe at the core values of the ruling party, the Minority Leader did not mince words regarding how Ghanaians should interpret this shift in behavior.

"Is the NDC a principled political party? I submit that they are not a principled political party, because in opposition, they criticised the Akufo-Addo administration for packing the court," Afenyo-Markin stated forcefully during the broadcast.

He further challenged the moral authority of the NDC government, pointing out that their current actions undermine the very arguments they used to galvanize public support against the previous administration.

"Today, you got the opportunity, and you are even doing worse. So where is the principle?" he questioned, highlighting the perceived double standard.

Afenyo-Markin was, however, extremely careful to ring-fence his criticisms, ensuring they were directed solely at the political party and not the individuals nominated for the bench. He explicitly stressed that his public critique was in no way directed at the professional competence, legal acumen, or personal qualifications of Justice Sophia Rosetta Bernasko Essah, Justice Edward Amoako Asante, or private legal practitioner Tony Forson.

His commentary was strictly an indictment of what he described as the glaring inconsistency in the NDC's political stance on the separation of powers and judicial independence.

Implications for Public Trust and Parliamentary Scrutiny

The Minority Leader concluded his argument by issuing a broader warning to the Ghanaian electorate regarding political accountability and trust. He argued that a political organization's true character is revealed in how its actions in government align with its promises in opposition.

He insisted that if the NDC could make such categorical, impassioned statements while seeking power, only to abandon those exact principles once executive authority was secured, the voting public should fundamentally question their credibility.

He noted that when a party cannot stick to what they said in opposition now that they are in government, citizens should not take them seriously on matters of national importance.

As the political debate intensifies, all eyes will now turn to the Parliament of Ghana. The three nominees put forward by President Mahama are expected to undergo rigorous parliamentary scrutiny. This constitutional process will likely serve as the next battleground for this ongoing dispute over the composition and independence of the Supreme Court, with the Minority expected to heavily scrutinize the appointments based on their stated principles.