Former Supreme Court Justice, William Atuguba, delivered a thought-provoking assessment of Ghana's present judicial system during a public lecture jointly organized by Solidaire Ghana and the University of Ghana. The lecture, titled "Safeguarding our Democracy: The Judiciary's Role," was held on October 24th and shed light on the troubling state of Ghana's democratic principles.
Justice Atuguba expressed deep worry about the increasing disillusionment among young Ghanaians and Africans in general towards the democratic process. This disillusionment has led to a worrying trend of support for military rule, which he found deeply concerning.
During his speech at the University of Ghana's Kofi Drah Hall, Justice Atuguba attributed much of this disillusionment to the judiciary's failure to uphold impartiality and independence. He emphasized that in Ghana, the executive branch's political maneuvering has essentially reduced the judiciary to a mere rubber stamp, eroding trust in the country's justice system.
Justice Atuguba suggested a remedy for this problem: a thorough assessment and restructuring of the judiciary and other government institutions. He drew a parallel between the corrosive impact of political corruption on governing bodies and the environmental harm caused by illegal mining (galamsey) in Ghana, underscoring the pressing need for reform.
Furthermore, he called for the complete autonomy of bodies responsible for appointing judges and other government officials. Appointments, he insisted, should be based solely on merit, without considerations such as protocol, favoritism, or ethnicity.
Justice Atuguba advocated for shielding the judiciary from political pressures and ensuring attractive working conditions and secure tenures. He also recommended a significant reduction in the President's executive powers and a clear separation of the legislative and executive branches, prioritizing effective governance and the people's interests over the concentration of authority.
He concluded by underscoring the significance of sustaining the ongoing political revival in Ghana, emphasizing that substantial political improvements are unlikely to occur without a commitment to genuine constitutionalism.
Justice Atuguba encouraged the new proponents of Ghana's democratic experiment to maintain a sense of nationalism regardless of the ruling regime and to persist in their pursuit of authentic constitutional governance.