Justice Atuguba warns of 'Constitutional Virus' Infecting Ghana's Judiciary
Accra, Ghana - Nov 16, 2024 - Retired Supreme Court Justice William Atuguba has strongly criticized the Supreme Court's decision on the vacant seats saga, calling it politically motivated. He argued that the court should only handle cases where it has exclusive jurisdiction, citing past cases to support his position [no source].
Atuguba expressed concerns about the growing politicization of the judiciary, warning that if left unchecked, it could lead to a "rule of politics" instead of a "rule of law." He attributed this problem to the way the Chief Justice is appointed, questioning how the judiciary can remain independent when its head is appointed by the President.
The vacant seats saga began when Alexander Afenyo-Markin challenged Speaker Alban Bagbin's declaration of four parliamentary seats as vacant. The Supreme Court ruled in Afenyo-Markin's favor with a 5-2 majority decision, sparking controversy over the court's jurisdiction.
Speaking on TV3‘s Keypoints Show on Saturday, November 16, 2024, Justice Atuguba argued that the Supreme Court should not have assumed jurisdiction over the matter. He also criticized the composition of the bench for the case, which predominantly featured younger judges.
“What is happening is mere politics. If we don’t arrest it, this vice will continue to fester and the constitution will be subverted,” he warned.
“It was predictable. The same five judges accepted jurisdiction, so it was predictable. The political poisoning has gone to its peak. The constitutional virus must be cured. If it continues, we will have a rule of politics instead of a rule of law.”
“The constitutional virus must be cured, or we risk having the rule of politics instead of the rule of law.”
“The appointment of the Chief Justice by the President is the main problem. He nominates and appoints. How can you have independence of the judiciary when the head is yours,” he questioned.
“What reason will you use to justify empanelling younger judges over seasoned ones for such a landmark case, if not politics,” he added.
Source: Florence Kyei / Lead News Online
