Former Supreme Court Justice William Atuguba has voiced his concerns regarding recent judicial appointments to Ghana’s Superior Court, criticizing the process for bypassing senior and more experienced judges in favor of less-qualified candidates. According to Justice Atuguba, factors unrelated to merit or established judicial protocols are influencing the selection process, raising questions about the integrity of these appointments.
In an interview with JoyNews, Justice Atuguba expressed disappointment over the perceived subversion of power in the judicial system, stating, “The thing with this country is, people just love to take the power and subvert it. They take the power and subvert it. That’s what is happening.” He questioned why more senior and competent justices are being overlooked while less experienced individuals are appointed to the nation’s highest court. Some of President Akufo-Addo’s recent appointments to the Supreme Court are still awaiting parliamentary approval, further heightening scrutiny.
Justice Atuguba, who is well-known for presiding over the nine-member panel during the 2012 Election Petition, also criticized the Electoral Commission (EC) for its reluctance to allow a forensic audit of the voter register. He argued that the commission’s refusal undermines the principles of fairness and transparency necessary for free and fair elections.
“The EC man was saying there would be no further exhibition for now. And when again? Would there be any further exhibition before the election and within adequate time for people to raise matters?” Atuguba asked, emphasizing the importance of addressing concerns about the voter register before elections.
He also stressed that the EC’s duties are not simply about exercising power, but about ensuring constitutional compliance. “The Electoral Commission shall, by constitutional instrument, make regulations for the effective performance of its functions. So that’s their duty, not just to exercise power,” Atuguba remarked, adding that the commission’s actions must align with constitutional principles to ensure fairness in the electoral process.
Justice Atuguba’s remarks reflect broader concerns about governance and the rule of law in Ghana, particularly in the judicial and electoral systems. He warned against the misuse of power, urging leaders to recognize that the law is a public and binding system that applies to everyone. “Unless we get out of that mindset and say that the law is not any private person’s property, it is the most public, the most binding system of doing things; everybody is under that,” he cautioned.