Maxwell Opoku Agyemang not qualified for recommendation, nomination as Justice of Court of Appeal: A-Plus, Brogya Genfi to SC

Two private citizens, Kwame Asare Obeng popularly called A plus and Yaw Brogya Genfi have filed separate writs invoking the Original Jurisdiction of the Supreme Court pursuant to Article 2(1) and 130(1) seeking the apex Court to inter alia declare as unconstitutional, the recommendation for the subsequent nomination of Mr.Maxwell Opoku Agyemang as a Justice of the Court of Appeal.

The plaintiffs aver in their suits that Mr. Maxwell Opku Agyemang, who is a senior lecturer at the Ghana School of Law, per findings made against him by the Tony Forson Jnr Chaired Committee, set up by the General Legal Council, renders him unqualified to be appointed as a Justice of the Court of Appeal.

Mr. Maxwell Opoku Agyemang, who is a senior lecturer at the Ghana School of Law is among 11 persons who are being considered as potential Court of appeal Justices.

The persons, who are made up of Justices from the High Court, people from academia, and prominent lawyers, include; Her Ladyship Afia Serwaa Botwe J, His Lordship Kweku Ackah-Boafo J, Her Ladyship Jennifer Abena Dadzie J, Her Ladyship Gifty Agyei-Addo J, His Lordship Francis Obiri J and His Lordship Stephen Oppong J.

The rest are Prof. Olivia Anku-Tsede, Mr. Christopher Archer,  Mr. Charles Zwennes, Dr. Ernest Owusu-Dapaah, and Mr. Maxwell Opoku-Agymang, former Director of the Ghana School of Law.

The Separate reliefs of the plaintiffs are presented as follows;

Kwame Asare Obeng (A PLUS)

He is seeking among others, a declaration that Mr. Maxwell Opoku Agyemeng is not a person of high moral character and proven integrity, a constitutional threshold for becoming a Court of Appeal Justice for having illegally admitted ten(10) unqualified persons into the Ghana School of Law.

Also, having been found by a Committee of inquiry set up by the Chief Justice and or the General Legal Council renders him unqualified for the appointment per articles 2(1) (b), 130 (1)(a); 130(2) and 136(3) of the Constitution, 1992.

Additionally, a declaration that the Attorney general acted unconstitutionally by recommending Mr. Maxwell Opoku  Agyemang despite having knowledge of the adverse findings made against him.

A declaration that the recommendation of Mr. Maxwell Opoku Agyemang for subsequent appointment as a Court of Appeal Justice is unconstitutional and thus null and void per the Constitution, 1992.

Moreover, he seeks an order striking out the name Maxwell Opoku Agyemang from the letter dated February 8, 2022.

An order restraining the Judicial Council from considering and ‘or advising the President on the recommendation Maxwell Opoku Agyemeng per the letter announcing the recommendation.

Yaw Brogya Genfi

He is seeking a declaration Mr. Maxwell Opoku Agyemang is not qualified to be appointed as a Justice of the Court of Appeal by reason of the findings of the Tony Forson Jnr Chaired Committee set up by the General Legal Council contained in a letter dated 14th February 2022.

Also, a declaration that on a true and proper interpretation of articles 136 (3) and 144 (3) of the 1992 Constitution of Ghana, the findings by the  Tony Forson Jnr Chaired Committee set up by the General Legal Council to the effect that Maxwell Opoku Agyemang, illegally admitted 10 students into the Ghana School of Law is not of high moral character and proven integrity for the purposes of being appointed as a Justice of the Court of Appeal.

Additionally, a declaration that on a true and proper interpretation of articles 136 (3) and 144 (3) of the 1992 Constitution of Ghana by reason of the fact that Maxwell Opoku Ageymang is not of high moral character and proven integrity, he is not qualified to be recommended for nomination to the Judicial Council for advice and appointment as a Justice of the Court of Appeal. 

Moreover, a declaration that on a true and proper interpretation of articles 136 (3) and 144 (3) of the 1992 Constitution of Ghana the recommendation for the nomination of  Maxwell Opoku Ageymang, who is not of high moral character and proven integrity by the Attorney-General contravenes article 136 (3) of the 1992 Constitution and to that extent, is null or void and of no legal effect.

Furthermore, a declaration that on a true and proper interpretation of articles 136 (3) and 144 (3) of the 1992 Constitution of Ghana, Maxwell Opoku Ageymang being the subject of disciplinary proceedings by the 3 Member Disciplinary Committee of the General Legal Council is not qualified to be appointed a Justice of the Court of Appeal.

Also an order of the court setting aside the recommendation for the nomination of  Mr. Maxwell Opoku-Agyemang by the Attorney-General of the Republic of Ghana for appointment to the Judicial Council for advice as a Justice of the Court of Appeal by the President of the Republic of Ghana.

Additionally, a declaration that the decision to recommend for appointment of Mr. Maxwell Opoku-Agyemang to the Judicial Council for advice as a Justice of the Court of Appeal by the Attorney-General, being a member of the General Legal Council, and being aware of the adverse findings of fact made by the Tony Forson Jnr Committee against him contravenes articles 410)) and 88(1) and (2) of the 1992 Constitution.

Finally, an order of perpetual injunction restraining the Judicial Council from considering the said recommendation of the  2nd Defendant, Maxwell Opoku Ageymang for appointment as a Justice of the Court of Appeal by the President of Ghana.