Latest in the avalanche of criticisms from former Supreme Court Justice, William Atuguba, on Ghana’s judiciary is the composition of the Judicial Council which he says must be completely detached from the Executive.
The former Justice has questioned the independence of the Judiciary following the appointment of judges which the constitution allows the Executive to interfere. He says for a truly independent judiciary, the Executive must not have any business on the Judicial Council to determine who becomes a judge or not.
He has therefore called for a change in the composition of the Judicial Council.
“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?” he quizzed.
The Supreme Court judge said the constitution which allows a free-hand of the Executive into the affairs of the Judiciary compromises its independence making it difficult for the members to stand against imposition of members by the government.
“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.
“Where is the independence of the judiciary? We have the executive so strongly present there?” Justice Atuguba quizzed.
Analysing critically the composition of the Council, Justice Atuguba said what the president wants is what would be done if things are allowed to remain the way they are.
“The present structure of the Judicial Council, has the Chief Justice as chairman, a representative of the Supreme Court and the various other lower courts (Appeals Court, High Court, etc), the Judge Advocate General from the Armed Forces, the director of the Police Legal Directorate, editor of the law reports, two members of the bar association, and then the four presidential nominees and the Attorney General.
“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 quizzed during his contribution on Accra-based JoyNews.
He also expressed the potential sway of other Council members, including those from the Ghana Bar Association, who might align their decisions with personal inclinations.
“Then the representative of the Supreme Court, it also depends on how he stands in relation to the Chief Justice. If he’s not independent-minded, he may always like to side with the Chief Justice,” he said adding that other representatives of the courts may also side with the Chief Justice too.
READ ALSO: Dormaahene transferred as High Court judge ‘for talking too much’ Justice Atuguba
