Retired Supreme Court judge, Justice William Atuguba, has observed that "there are instances in which it may be felt that some members of the judiciary pay allegiance, apparently to the executive or otherwise, instead of to Ghana".

Citing an example to buttress his point, Justice Atuguba recalled at a lecture on Tuesday, 24 October 2023, at a public lecture themed: “Protecting Our Democracy: The Role of the Judiciary,” that: "Despite the clear provisions of article 146, a very knowledgeable Chief Justice of Ghana wrote on two occasions to a Justice of the Supreme Court terminating his tenure as a Supreme Court judge on the ground of ill health without complying with the said article 146".

He said: "On being shown the letters by the judge concerned, I strongly exhorted him to reply them raising the contravention of article 146".

"The same Chief Justice indirectly suspended me for 6 months by not empanelling me on any case immediately after I maintained my solo dissent in Tsatsu Tsikata v. The Republic when it came up for review by the Supreme Court".

"Before I curtail this issue, the same Chief Justice sidelined me as the then-realistic most senior Justice of the Supreme Court contrary to article 144 (6), who should act as the Chief Justice in his absence", Justice Atuguba narrated, indicating: "I felt that since the Supreme Court is the custodian of the Constitution, I could not condone its infractions".

"I, therefore, assumed the functions of the Chief Justice with clearance from the then-most senior Justice, who was then very seriously indisposed and handicapped, until I got to know from him, very shortly afterwards, that he had become fit enough to act as Chief Justice upon the death of the then-incumbent Chief Justice".

Justice Atuguba pointed out that: "It is this event which led Kweku Baako, a very prominent journalist, to state on a radio programme that in the bid for the post of Chief Justice, I declared myself as the acting Chief Justice, but when the said most senior Justice of the Supreme Court got wind of it, he said, 'You lie, I can act'”.

Justice Atuguba said: "When I heard that allegation, I was gravely hurt, since I have never in my life made any move to be appointed the Chief Justice of Ghana because I consider lobbying for a position as a corrupt act, since it involves compromising one’s conscience".