According to him, senior judges are being overlooked in favour of less-qualified candidates due to factors unrelated to merit or established protocols.

Justice Atuguba also questioned the integrity of the selection process, suggesting that considerations outside the accepted norms may be influencing these judicial appointments.

Additionally, some recent appointments made by President Akufo-Addo to the apex court are still awaiting parliamentary approval.

Speaking to JoyNews, Justice Atuguba said, “The thing with this country is, people just love to take the power and subvert it.”

“They take the power and subvert it. That’s what is happening. They feel that they have the power; that is not the power. In the appointment system, why must some senior and more competent justices be left while others with less experience are posted to the highest court? What is it about?” he quizzed.

Justice William Atuguba, who presided over the nine-member panel of judges that adjudicated the 2012 Election Petition, has expressed concern over the electoral commission’s refusal to allow a forensic audit of the voter register.

He added that this stance undermines fairness and transparency.

“The EC man was saying there would be no further exhibition for now. And when again? Would there be any further exhibition before the election and within adequate time for people to raise matters? They have to let the people know how they have addressed them.

“The Electoral Commission shall, by constitutional instrument, make regulations for the effective performance of its functions. So that’s their duty, not just to exercise power. That is their power. So, if that is not manifestly shown, they are not actually acting within their constitutional power. That’s the trouble with Africa.

“We just love power. We just look at it. I am in charge, and that’s the end, and that is not constitutionalism. That is not it. Unless we get out of that mindset and say that the law is not any private person’s property; it is the most public, the most binding system of doing things; everybody is under that.”

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On Tuesday, during Parliamentary proceedings regarding the appointment of two Appeal Court judges nominated by the President for the Supreme Court, the Minority opposed the vetting. They argued that it was unconstitutional and therefore unnecessary to replace a judge due to an impending retirement.

At the end of the vetting, the committee voted, resulting in a tie (7-7), thereby dismissing the motion.

Speaking on JoyFM’s Top Story a member of the Appointments Committee in Parliament, Ayariga Mahama explained that, the National Democratic Congress (NDC) has always been against the appointment of more justices to the Apex Court and would not relent in its efforts to oppose new appointments.

According to him, this was the NDC way of ensuring that, in the future, the judiciary can deliver judgments freely and fairly.

“We made it clear from the beginning that we don’t think that Akufo-Addo should be packing the court. Whatever we will do to resist him, that is an important consideration.

“Whether you call that partisan, whether you call that patriotic duty, well, we believe that there should be an opportunity for future government to also fill in vacancies in the court so that there can be a fair balance in the administration of justice at the highest level,” he told Evans Mensah on August 14.

Source: Myjoyonline

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