Mahama should've recommended SC nominees from the Bar, academia, to achieve balance - Atuguba

Retired Supreme Court Judge, Justice William Atuguba, has shared his views on judicial appointments. He believes President John Mahama should have recommended nominees from the Bar and academia. This would create a more balanced Supreme Court.

In an interview with JoyNews’ Elton Brobbey on The Pulse, Justice Atuguba discussed Mahama’s appointments. He acknowledged that some judges were deserving but felt the Court needed a wider range of backgrounds.

He stated, “Part of the judges appointed by Mahama are deserving.” However, he emphasized the importance of considering their backgrounds and suitability for the challenges ahead.

Justice Atuguba highlighted that drawing justices from various sources strengthens the Court. He mentioned that some justices should come from distinguished practitioners in the Bar and academia. Others could come from the Court of Appeal to achieve balance.

He noted his own appointment to the Supreme Court came directly from the Bar. Former Chief Justice Sophia Akuffo had a similar background. This diversity enhances the Court's ability to fulfill its constitutional responsibilities.

“The Supreme Court is basically a constitutional court,” he explained. While it does not have formal recognition like South Africa's court, its main role involves interpreting and enforcing the Constitution.

Justice Atuguba pointed out that constitutional law is often theoretical and evolving. In contrast, straightforward matters like contracts are simpler. Academics excel in research and can contribute valuable insights to these complex issues.

He concluded by expressing concern about the current composition of the Court. “I find a problem in that you don’t have people from the Bar or academia,” he said. He believes a balanced mix has worked well in the past.

Justice Atuguba also commented on seniority in appointments. He argued that bypassing competent seniority is detrimental to justice. It’s important not to prioritize seniority for its own sake; this does not serve the country well.