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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