A retired Supreme Court judge, Justice William Atuguba, has waded into the growing debate over alleged interference in the judiciary by President John Mahama and the ruling National Democratic Congress (NDC), following the recent suspension of the Chief Justice, Justice Getrude Torkornoo, over alleged misconduct.
Speaking in the wake of heightened public scrutiny over the matter, Justice Atuguba questioned the practicality of absolute institutional independence, cautioning that unrestrained autonomy across all arms of government could unsettle the delicate balance of democratic governance.
“Yes, separation of power is there, but there are checks and balances. If every arm is self-sufficient, where would the balance come from?, It means everybody can be a dictator in his or her field,” he argued in an interview with JoyNews, aired on The Pulse on Wednesday, May 7.
He explained; “You are talking about separation of power and the president is elected, but he can be removed from office by parliament, it is a legislative arm.”
[embedded content]His remarks come amid strong criticism by the opposition New Patriotic Party (NPP), which accused Pesident Mahama and the NDC of overreaching their limits in matters concerning the judiciary’s autonomy.
The suspension of the Chief Justice has triggered widespread debate, with some suggesting it reflects an erosion of judicial independence under political pressure.
The Africa Judicial Independence Fund (AJIF) has also issued a warning against the politicisation of ongoing discussions surrounding the possible removal of the Chief Justice following her suspension, urging stakeholders to protect the independence of the judiciary and strict adherance to constitutional procedures.
On Monday, a number of opposition political parties led by the NPP held a massive protest in Accra with a call on the president to reconsider his decision.
Meanwhile, the presidency has clarified that the Chief Justice was suspended by the president based on a prima facie case against her and advise from the Council of State.
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