Retired Supreme Court judge, Justice William Atuguba, has warned of dire consequences for Ghana if what he describes as the politicisation of the Supreme Court of Ghana is not addressed.

Speaking on the recent judgement issued by the Supreme Court ruling the four vacant seats declared by the Speaker of Parliament as unconstitutional, Justice Atuguba said the court made the outcome of the case predictable after it forced itself to hear the matter despite lacking jurisdiction.

“The same five judges accepted jurisdiction, so it was predictable. The political poisoning has reached its peak. The constitutional virus must be cured. If it continues, we will have rule of politics instead of rule of law,” Justice Atuguba said on TV3’s Key Points on November 16.

He noted that, but for political considerations, the judges would not have accepted the case in the first place. According to him, the politicisation of the Supreme Court, which he said started some time back, has reached its peak and must be cured.

“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.

The Supreme Court, by a 5-2 majority decision, ruled as unconstitutional the decision by Speaker Alban Bagbin to declare vacant the seats of four members of parliament who have decided to contest the 2024 election as either independent candidates or on the ticket of a party different from what they currently represent.

Reacting to the judgement, Justice Atuguba described the reasoning of the court as “superficial,” adding that the country has been plagued by a “massive constitutional deterioration”, which is exacerbated by the process of appointing a Chief Justice.

“The appointment of the Chief Justice by the President is the main problem. In fact, he nominates and appoints. How can you have independence of the judiciary when the head is yours?” he asked.

“What reason will you use to justify empanelling younger judges over seasoned ones for such a landmark case, if not politics?” he further stated.

GA

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