Former Supreme Court Judge, William Atuguba, delivered a sobering critique of Ghana’s current judicial sector during a public lecture jointly organized by Solidaire Ghana and the University of Ghana. The lecture, titled “Protecting our Democracy: The Role of the Judiciary,” took place on October 24th and highlighted the concerning state of Ghana’s democracy.
Justice Atuguba expressed deep concern over the growing disillusionment among young Ghanaians and Africans in general regarding the democratic experiment. This disillusionment has manifested in their support for military juntas, a trend that he found alarming.
In his address at the University of Ghana’s Kofi Drah Hall, Justice Atuguba attributed much of this disappointment to the judiciary’s failure to maintain impartiality and independence. He emphasized that in Ghana, the executive branch’s political maneuvering has effectively turned the judiciary into a mere rubber stamp, eroding trust in the country’s justice system.
Justice Atuguba proposed a solution to this issue: a comprehensive audit and restructuring of the judiciary and other governmental institutions. He likened the corrosive effects of political corruption on governance institutions to the environmental damage caused by illegal mining (galamsey) in Ghana, highlighting the urgent need for reform.
Furthermore, he called for the complete independence of bodies responsible for appointing judges and other government officials. Appointments, he stressed, should be made solely on merit, devoid of considerations such as protocol, cronyism, or ethnicity.
Justice Atuguba advocated for insulating the judiciary from political pressures and ensuring attractive service conditions and secure terms in office. He also recommended a substantial reduction in the executive powers of the President and a clear separation of the legislative and executive branches to prioritize good governance and the interests of the people over the concentration of power.
He concluded by highlighting the importance of sustaining the ongoing political renaissance in Ghana, emphasizing that meaningful political reforms are unlikely to occur without a commitment to true constitutionalism.
Justice Atuguba encouraged the new champions of Ghana’s democratic experiment to remain nationalistic regardless of the governing regime and to continue their pursuit of genuine constitutional governance.
