Government Spokesperson, Kofi Tonto has expressed disappointment in former Supreme Court Justice, William Atuguba over his recent comments on the Judiciary at a public lecture.
Justice William Atuguba, addressing a gathering at a public lecture on Tuesday, October 24, 2023, described the court's verdict as "scandalous".
"The James Gyakye Quayson's decision by the Supreme Court is with all due respect scandalous in that the court, in the teeth of the settled maxim Res Judicata et non quieta movere, re adjudicated the same matter that has been adjudicated upon by the High court on the merits."
"The Supreme Court does not stand in good light with all due respect in disqualifying Gyakye Quayson, despite his clear certificate of renunciation of his Canadian citizenship as from 26th November 2020 whereas the elections were on December 7. I am not able to see substantial justice in this", he said.
He added; "If the certificate of renounciation is so mandatory and conclusive why was it not conclusive in its effect to qualify Gyakye Quason when he received it, dated 26th November 2020, whereas the parliamentary election was held on 7th December 2020? Statutes, judgements, and documents must always be applied with consistency both in the letter and spirit. These must always be construed holistically and as instruments of justice since it is a well-settled principle that the duty of a court is to do justice and a court should not be turned away from doing justice."
The former Justice is also said to have slammed the current Supreme Court Justices stating they are being lopsided in their work.
But Kofi Tonto finds Justice Atuguba's remarks ridiculous as he questions since when did he notice these things.
He sought to understand why Mr. Atuguba never raised these concerns while he hadn't retired yet, saying it looks like "retirees in Ghana always find solutions to the problem they contributed to creating".
He reminded the former Judge of some of his pronouncements as a presiding Judge during the 2012 Supreme Court petition case and the swiftness at which he delivered the verdict in favor of the opposition National Democratic Congress.
"Was Mr. Atuguba in Ghana during the Supreme Court 2012? Didn't he hear what Ghanaians said?...If people have lost confidence in our Judiciary, is it today that they lost the confidence?", he asked.
He added, during that time, Ghanaians "accused you (Atuguba) of having political allegiances" but he was unhappy.
"But today, you say these things to tarnish the image of your colleagues. Do you know how they also feel?"
Kofi Tonto, delivering his submissions on Peace FM's morning show "Kokrokoo", admonished Justice Atuguba to refrain from making such commentaries, especially when, to him, Mr. Atuguba was a part of the problem he is now accusing the apex court of.
"The problems in our Judiciary didn't begin today and when President Akufo-Addo is no longer there, the problems in Ghana's Judiciary will continue to exist because the challenges have gained roots," he replied.
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Source: Ameyaw Adu Gyamfi/Peacefmonline.com/Ghana
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Ghanaians are like the plebiscites in Julius Ceaser. They group think and are impervious to the need to change in the light of facts. If we don't see the threat to democracy in our country in the times we live then I don't know what we will ever get right. That political parties are empaneling our apex court with judges who openly supported their party and the threat by the major opposition to do same if they win power should leave us seriously thinking about getting true justice in our courts and in landmark cases. Some as usual have decided to play the divisive and partisan cards of equalization here. When can we as a people condemn and reject wrong when it is wrong, regardless of who is behind that wrong? Look at the state of our country? You have corruptt leaders are are incompetentt at the most basic of issues. All they care about whilst in power is to enrich themselves, families and friends and not be held accountable. Where in the world will this happen? But they are able to do this because they know that the electorate can't mature and grow out of the ethnocentric and partisan biases which have kept us divided and blinded our sense of absolute truth. We support "our" party no matter the extent to which they destroy our collective lives as Ghanaians and this goes to both NPP and NDC supporters. Ghanaians deserve the kind of leaders they have if they don't change this attitude of blind solidarity to party over country.
Atuguba is becoming dangerous and impediment to our national development at the age he rather has a lot to postively share and impact into younger generation,due to bitterness of inability to be CJ, and again his affiliation with NDC...we all saw how he presided over the 2012 electoral petition,tho the evidence was reasonably enough for annulment of the results yet he declared Mr Mahama/NDC winners... 5 and 4 verdict, with long delayed for verdict reading due to misunderstanding from his own colleagues at the panel,he still corruptly read the verdict shamefully.Nana Addo/NPP never attacked him nor accused him of corruption.He must learn from his former retired colleagues...it's so disgraceful and embarrassing to his name.
This man is disgracing himself His head like Ghana highway compound
I used to have a lot of respect for this retired Supreme Court judge, Atuguba. If he wants to maintain his respect he should cease granting interviews to the media especially in matters relating to verdicts of the Supreme Court of which he once served. The 2012 election petition has made we the laymen believe that even at the highest level interpretation of the law is purely based on the views of the judges, the reason why they sometimes come out with different opinions on one case . Most people saw sense in the opinion of that judge who said the results for all the polling stations with pink sheets challenges be annulled and a rerun held in those areas, the results of which will then be added to those without challenges to enable the EC determine the winner of the 2012 elections. Some other judges thought otherwise. The children of Atuguba should advice him to be careful with his utterances in public especially those relating to politics, if he wants to maintain his respect.
Hmmm. It is so shocking how the judge leaves out the Ghanaian case of the century- the 2012 presidential election petition which he presided. There was nothing wrong then but every thing wrong now. The country went to hell and back.