Investigative journalist Manasseh Azure Awuni has noted that while many judges in Ghana’s courts uphold untainted justice, the Supreme Court has repeatedly undermined the judiciary’s credibility, particularly in political cases.
According to Awuni, this pattern of behavior has resulted in critics generalizing their perceptions, leading them to unfairly tarnish the reputation of all judges, regardless of their individual conduct and commitment to justice.
He indicated that consequently, the actions of a few have cast a shadow over the entire judicial system, making it difficult for the public to discern the integrity of those who serve impartially.
“This is not right for our justice system, and we, as citizens of Ghana, speak up and resist any form of judicial oppression.
“In July 2020, Prof. Kwaku Asare (Kwaku Azar) sued the Attorney General (let’s say the government) over President Akufo-Addo’s order that the Auditor-General proceed on a 167-day leave”.
Manasseh Azure Awuni
Awuni further noted that in April 2021, Kwaku Azar discontinued the case due to the Supreme Court’s significant delay in resolving the matter.
The court was responsible for interpreting the constitutionality of the President’s actions regarding the dismissal of Domelevo.
He indicated that this delay not only prolonged uncertainty for Domelevo but also raised questions about the judicial system’s efficiency and accountability.
According to Awuni, had the court reached a timely decision in favor of Domelevo, he would have been able to return to his position, which could have placed the President in an embarrassing position, facing scrutiny for his controversial decision.
Accordingly, he pointed out that this situation highlights the broader implications of judicial delays on governance and the rule of law in Ghana.
Awuni highlighted that a group of civil society organizations filed a similar suit at the Supreme Court, which was decided three years later.
He noted that the Supreme Court ultimately ruled that the President’s actions were unconstitutional; however, there were no repercussions since Domelevo had already reached retirement age and departed from his position.
Supreme Court’s Delay Enabled Presidential Overreach
Furthermore, Manasseh Azure Awuni emphasized that the Supreme Court had the capacity to decide this case within a week or two, which could have effectively prevented the President from arbitrarily forcing the head of an independent state institution out of office.
He indicated that a swift ruling would not only have upheld the rule of law but also demonstrated the judiciary’s commitment to protecting independent institutions from political interference.
Accordingly, he stated that by delaying its decision, the Court allowed the President’s actions to go unchecked, undermining public confidence in the judiciary and raising concerns about the balance of power within the government.
“After the 2020 election, someone sued the NDC’s James Gyakye Quayson at a high court in Cape Coast, seeking to get him to vacate his seat.
“That case traveled from the High Court to the Court of Appeal and ended up at the Supreme Court, where he was asked to vacate his seat”.
Manasseh Azure Awuni
Awuni noted that despite its complexities and numerous twists, the Gyakye Quayson case was concluded expeditiously, even before the Domelevo case reached a decision.
This, he indicated, raises important questions about the judicial priorities and efficiency in handling cases of political significance compared to those involving independent institutions.
According to Awuni, the swift resolution of the Quayson case contrasts sharply with the prolonged deliberations surrounding the Domelevo case.
He indicated that this highlights potential inconsistencies in the judicial process and the implications for public trust in the legal system. “This is just one example of how the legal system in Ghana treats some cases as sprints and others as marathons”.
Accordingly, Awuni urged the Supreme Court to adopt a more consistent approach in its dealings.
He emphasized that a critical examination of the cases handled by the apex court reveals a disturbing rhythm and pattern, particularly in the Supreme Court’s decisions.
This inconsistency raises concerns about the court’s impartiality and its role in upholding justice, underscoring the need for reform to restore public confidence in the judiciary.
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