Accra, 16th November 2024 — Retired Supreme Court Judge, Justice William Atuguba, has criticized the recent Supreme Court decision on vacant parliamentary seats, calling it predictable and politically motivated.
He highlighted that five out of seven judges accepted jurisdiction on the case, a stance he expected given their earlier acceptance of jurisdiction despite precedents suggesting otherwise.
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The Supreme Court, on 12th November, ruled 5-2 in favor of Alexander Afenyo-Markin’s suit, which challenged Speaker Alban Bagbin’s interpretation of Article 97 (1)(g)(h) of the 1992 Constitution, leading to the declaration of four seats as vacant. Justice Atuguba believes the majority’s reasoning was “superficial” and warned that the judiciary’s increasing politicisation could undermine the rule of law.
Atuguba pointed to the Chief Justice’s appointment process as a core issue, arguing that presidential control over nominations compromises judicial independence. He also questioned why younger judges were chosen for the panel, attributing the decision to political motives.
