A-Plus, Brogya Genfi file suit against former Law School Director’s nomination as Court of Appeal judge

Two individuals have filed separate suits at the Supreme Court, seeking to restrain the Judicial Council from considering a former Director of the Ghana School of Law, Maxwell Opoku-Agyemang’s recommendation as Justice of the Court of Appeal.

Musician and sympathizer of the governing New Patriotic Party (NPP), Kwame Asare Obeng, also known as A-Plus, and former Ashanti Regional Youth Organiser of the opposition National Democratic Congress, Yaw Brogya Genfi are both praying the court to declare the recommendation of Mr. Opoku-Agyemang for the Justice of the Court of Appeal role as “unconstitutional.”

They also want the recommendation be set aside by the Supreme Court.

The separate suits come after a purported document from the General Legal Council, alleging that Mr. Opoku-Agyemang had illegally admitted ten students to the Ghana School of Law, went viral on social media.

“Council decided that the ten (10) students who were identified in the Committee of Inquiry’s report as having been admitted illegally by the then Acting Director, Mr. Maxwell Opoku-Agyemang, should be withdrawn immediately from the Ghana School of Law. The Secretary to the General Legal Council was to convey this decision to the students.”

“Council constituted a 3-member Disciplinary Committee made up of Mr. Amoako Afoko, Mr. Kwaku Gyau Baffour, and Professor Raymond Atuguba to subject the then Ag. Director of the Ghana School of Law Mr. Maxwell Opoku-Agyemang, the Registrar and the Deputy registrar to disciplinary proceedings,” excerpts of A-Plus’ suit read.

A-Plus further argued that the Attorney General should not have recommended Mr. Opoku-Agyemang for the role, given the alleged adverse findings against him.

“A declaration that on a true and proper interpretation of Articles 2(1) (b), 88, 41(b) 130 (1)(a) 136(3) of the 1992 constitution, the Attorney General of the Republic of Ghana who knows or ought to have known that adverse findings of illegal conduct have been made against Mr. Maxwell Opoku-Agyemang acted unconstitutionally and in complete disregard of the Constitution.”

Mr. Genfi also posited that, Mr. Opoku-Agyemang “is not qualified to be so 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”.

“A declaration that on a true and proper interpretation of articles 136(3) and 144(4) of the 1992 constitution of Ghana by reason of the fact that the 2nd Defendant, Mr. Maxwell Opoku-Agyemang 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.

The Office of the Attorney General and Ministry of Justice has submitted names of 11 candidates to the Chief Justice for consideration as Justices of the Court of Appeal.

A statement from the office said the move was in accordance with Article 144 (3) of the Constitution.

The selected individuals include Her Ladyship Afia Serwaa Botwe, His Lordship Kweku Ackah-Boafo, Her Ladyship Jennifer Abena Dazie, Her Ladyship Gifty Agyei-Addo, Mr. Maxwell Opoku-Agyegmang among others.