Supreme Court nominee Anthony Forson Jnr has firmly opposed capping the number of judges on Ghana’s apex court. He argues that the court’s broad constitutional mandate and heavy workload make a fixed limit impractical. This stance was articulated during his appearance before Parliament’s Appointments Committee on Thursday, August 27, 2026.
Mr. Forson stated that current circumstances do not support restricting the Supreme Court’s size. He highlighted the extensive jurisdictions assigned to the Supreme Court. This necessitates maintaining sufficient judicial capacity to manage its significant caseload effectively. A cap would create problems unless Ghana first revisits the range of matters the Constitution assigns to the Supreme Court.
Ghana’s judiciary plays a critical role in upholding the rule of law and resolving complex disputes. The Supreme Court often handles cases with significant economic and political implications. These include electoral petitions, constitutional interpretations, and challenges to government policies. Any decision impacting the court's capacity directly affects judicial efficiency and investor confidence. A backlog of cases can deter foreign direct investment and slow economic activity.
“I’m one of the advocates of no capping, because of my experience and the kind of seminars that I have been to,” Mr. Forson Jnr. stated. He referenced discussions from a constitutional review process. During this process, Justice Jones Victor Mawulorm Dotse had also raised concerns about limiting Supreme Court Justices. Justice Dotse noted the court’s extensive jurisdiction, warning that a cap could create difficulties. Mr. Forson suggested that any discussion about limiting judges must follow a broader review of the court’s constitutional jurisdiction.
The implications of this debate are significant for Ghana’s legal and economic landscape. A well-functioning judiciary is crucial for contract enforcement and dispute resolution, which are vital for business operations. Limiting judges without reducing the court's duties could lead to increased case backlogs. This would delay justice and potentially undermine public trust in the legal system. Decision-makers must consider the economic costs of judicial inefficiency. Markets will watch closely for any reforms that could impact the speed and fairness of legal processes. The government must ensure the Supreme Court has adequate resources to fulfill its mandate.
Mr. Forson further pointed to the justification for increasing the Supreme Court’s membership. He explained that the existing composition had struggled to manage the court’s workload. Therefore, expansion was necessary to ensure the apex court could handle cases efficiently. This ensures justice is not delayed. “So for now, I disagree that there should be a cap,” he concluded. This position underscores the ongoing challenge of balancing judicial capacity with the demands of a growing economy and complex legal environment. The debate highlights the need for careful consideration of judicial resources.