Former Justice of the Supreme Court, William Atuguba, shed light on a pressing issue plaguing the public’s trust in the judiciary, labeling it a constitutional problem.
Justice Atuguba emphasized that the root cause of this decline in trust can be traced back to the appointment process, specifically the composition of the Judicial Council.
The Judicial Council, responsible for recommending judicial appointments, includes presidential nominees who partake in its deliberations, a practice that Justice Atuguba argues may compromise the autonomy of the judiciary. This involvement of presidential nominees has raised concerns about the potential influence of politics in the selection of judges.
Justice Atuguba stated, “You want the judiciary to be independent, the Constitution states so. Nonetheless, on the Judicial Council, which recommends Justices to be appointed, you have the Attorney General and four nominees of the president sitting there taking part in the proceedings as to who should be presented for appointment to the Supreme Court.”
He further questioned the independence of the judiciary, given the strong presence of the executive branch on the Judicial Council, asking, “Where is the independence of the judiciary? We have the executive so strongly present there?”
Justice Atuguba critically analyzed the composition of the Judicial Council, asserting that the current structure fails to deter political influence. The Council consists of the Chief Justice as the chairman, a representative of the Supreme Court, various representatives from lower courts, the Judge Advocate General from the Armed Forces, the director of the Police Legal Directorate, the editor of the law reports, two members of the bar association, along with the four presidential nominees and the Attorney General.
Atuguba questioned whether anyone could effectively counter the Chief Justice’s agenda if they aligned with the president’s interests, emphasizing, “Now, if you look at it realistically, who can stand up to a Chief Justice who wants to do the president’s bidding? I mean, just for the sake of argument, who can stand up? Is it the Attorney General and the four nominees? They will certainly try to push for the president, isn’t it?”
He also acknowledged the potential influence of other Council members, including those from the Ghana Bar Association, who might make decisions based on personal inclinations rather than the interests of justice.
Advocating for a change in the composition of the Judicial Council, Atuguba stressed the importance of removing executive members from the Council to ensure its independence in carrying out its responsibilities. He argued, “In the separation of powers, the executive should be separate from the judicial arm so that they are independent and can do their work freely. Then you bring them there to police their appointments from the beginning? Is that how to achieve an independent judiciary?”
