Retired Supreme Court Judge, Justice William Atuguba, has taken a swipe at the New Patriotic Party (NPP) for condemning the removal of Chief Justice Gertrude Torkornoo, describing the party’s position as hypocritical and lacking moral basis.
In a yet-to-be-aired interview with JoyNews’ Elton Brobbey, Justice Atuguba said the NPP cannot credibly accuse President John Mahama of political interference, given its own record of removing top officials under similar constitutional provisions.
“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. 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 was reacting to the heated political fallout following the Article 146 Committee’s recommendation and President Mahama’s subsequent decision to remove Chief Justice Torkornoo.
Some persons in the NPP have suggested that the party will reverse the decision and has threatened to take similar action against judicial officials should it return to power, a stance Justice Atuguba condemned as dangerous and politically reckless.
“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 stated.
He rejected suggestions that President Mahama’s action was part of a premeditated plan to reset the judiciary, arguing instead that any political party has the right to implement reforms promised in its manifesto.
“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 argued.
“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.
Justice Atuguba also dismissed calls for constitutional amendments to clarify the definition of “stated misbehaviour,” insisting the current provisions are clear enough and have been consistently applied in the past.
On claims that the Chief Justice’s removal amounts to political revenge, he was emphatic: “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.”
His comments highlight the growing tensions between the ruling National Democratic Congress (NDC) and the opposition NPP over judicial independence, as the fallout from the Chief Justice’s removal continues to stir Ghana’s political landscape.