Retired Supreme Court Judge, Justice William Atuguba, has rejected suggestions that the removal of the Chief Justice Gertrude Torkornoo from office was part of a pre-planned move to purge or reset the judiciary.
In a yet-to-be-aired interview with JoyNews’ Elton Brobbey, Justice Atuguba argued that the action taken by the President was consistent with constitutional provisions and should not be misconstrued as a politically motivated scheme.
“When parties are contesting elections, don’t they have their manifestos as to what they will come and do when elected into power? So, when they are elected and they are implementing the manifesto, what’s wrong with it? It is premeditated and endorsed by the voters,” he said.
“You mean somebody should just come to power without any programme for running the country? The important question is not when. I remember, before the elections, I used to say here that the judiciary needed restructuring. And after the election, I said it,” he added, stressing that reform plans are part of governance, not evidence of political vendetta.
His comments come amid heated political exchanges following the Article 146 Committee’s recommendation and President Mahama’s subsequent decision to remove the Chief Justice. The opposition New Patriotic Party (NPP) has strongly criticised the move, calling it a threat to judicial independence and warning of similar action if it returns to power.
Some NPP figures have even threatened to remove judicial officials appointed under the current government in retaliation, a posture Justice Atuguba condemned as dangerous.
“This type of thing, is it commendable? That means they will do it irrespective of the performance of the next Chief Justice. That is the mindset of some of these politicians. Some don’t care. It’s just the power they want and their way,” he lamented.
The retired judge also dismissed the NPP’s claim that the constitutional provision on “stated misbehaviour” is ambiguous and requires amendment. He pointed out that the same clause had been used in the past to remove former Electoral Commission Chairperson Charlotte Osei and former CHRAJ Commissioner, Lauretta Vivian Lamptey, actions which were supported at the time.
“Don’t forget that Charlotte Osei and the CHRAJ Commissioner, one lady, [Madam Lamptey], it was under the same conditions, the same provisions, stated misbehaviour,” he recalled.
“And is it not these people who did it? At that time, did they have trouble with what stated misbehaviour is? Why suddenly, when their appointee is involved in the same thing, they say hey?” he questioned.
Justice Atuguba further addressed suggestions that the Chief Justice’s removal was an act of political revenge or payback.
“Payback is something that cannot be justified. But if it is justified, where is the payback? Or if it’s a payback, it’s correct payback,” he stated.
His remarks underscore the escalating tensions between the ruling National Democratic Congress (NDC) and the opposition NPP, as both sides battle over the future of judicial independence in the wake of the Chief Justice’s removal.