Atuguba questions NPP’s ‘sudden notion of unfairness’ over Chief Justice suspension
A former Justice of the Supreme Court, Justice William Atuguba says a “sudden notion of unfairness,” particularly from members of the opposition New Patriotic Party (NPP) in the ongoing constitutional process on three petitions asking for the removal of Chief Justice Gertrude Sackey Torkornoo from office was questionable.
To him, what was happening amounts to selective outrage concerning a long-established constitutional process.
In a television interview with TV3 on Wednesday, May 7, Justice Atuguba questioned: “Why suddenly these notions of unfairness? This has been in place all these years,” he said, referencing similar proceedings that led to the removal of former Electoral Commission Chair Charlotte Osei and a former head of the Commission on Human Rights and Administrative Justice (CHRAJ).
"These were seen as dual constitutional processes. So what is so special about this?”
Justice Atuguba added that President Mahama has not breached the law. He explained that once the Chief Justice was served with a copy of the petition, as required, she was afforded the opportunity to respond.
He said although the Chief Justice initially requested seven days to do so, the President extended the deadline to 10 days, which he said demonstrated goodwill, not malice.
He further rejected claims that the executive was encroaching on the judiciary’s independence, warning that any concentration of power in one arm of government poses a threat to democracy.
“If you overpower one [arm of government], you make it all-in-all. Tyranny is not far away,” he cautioned, underscoring the principle of checks and balances.
Justice Atuguba acknowledged claims that the removal effort may be part of a wider judicial “reset”—a term critics say was hinted at by opposition figures, including President Mahama when he was in opposition.
However, he challenged that interpretation. “Was it only the President who said the courts were biased? Was he the one who started calling the Supreme Court ‘Unanimous FC’? Or was he stating a fact of public knowledge? The courts belong to the people,” he said.
Justice Atuguba cited multiple constitutional provisions to emphasise that all governmental powers—executive, legislative and judicial—emanate from the people and must be exercised for their benefit.
He also lamented the politicisation and leaks surrounding what should be a confidential legal process. “This whole thing is supposed to be held in camera—there should be secrecy. Unfortunately, in this case, a lot of issues that were supposed to be held in secrecy are already out in the public,” he said.
He referred to Article 146 of the Constitution, which outlines the procedure for removing a Chief Justice or other superior court judges, noting that a prima facie case must be established before any further steps are taken.
President John Dramani Mahama has suspended Chief Justice Gertrude Torkornoo after a prima facie case was established in three separate petitions calling for her removal.
A five-member committee has been formed to investigate the petitions, as required by the Constitution.
The suspension has sparked a national debate.
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