Justice Atuguba calls for expansion of Ghana’s Supreme Court bench

Retired Supreme Court Justice William Atuguba has called for an increase in the number of Supreme Court justices in Ghana, arguing that the current bench is too small to handle the rising caseload efficiently.

Speaking on The Assembly podcast, hosted by Dr. Ayure-Inga Mark Agana, Justice Atuguba proposed a minimum of 25 justices to allow for multiple panels to expedite case adjudication.

“The Supreme Court sits on a panel with a minimum of five justices for substantive cases, while smaller matters may require one or three judges. However, with almost 800 pending cases and only 12 or, at most, 15 justices, the workload is overwhelming,” he stated.

Justice Atuguba warned that the heavy caseload places immense pressure on individual justices, who are often required to handle multiple cases simultaneously, potentially compromising the quality of judicial decisions. He noted that many cases reaching the Supreme Court involve complex legal issues, including appeals from the High Court, the Court of Appeal, and the National House of Chiefs, as well as matters invoking the court’s supervisory jurisdiction. These cases demand extensive research and deliberation, further straining the limited number of justices.

To address these challenges, the former justice suggested two key solutions: expanding the number of Supreme Court justices to at least 25 to allow for five panels to operate simultaneously or redefining the court’s jurisdiction to limit the types of cases it hears.

When asked whether Ghana’s Supreme Court should have a fixed limit on the number of justices, Justice Atuguba responded affirmatively. “Oh, yes. Why not?” he said, arguing that African political leaders have historically manipulated judicial appointments to serve their interests. A cap on justices, he contended, would prevent political interference and protect the judiciary’s independence.

Beyond the issue of numbers, Justice Atuguba highlighted the Supreme Court’s broad jurisdiction, which covers original, appellate, supervisory, and review cases—making it one of the busiest courts in the country. While acknowledging that the rising volume of litigation may justify the appointment of additional justices, he cautioned that any expansion must be based on necessity rather than political convenience.

His remarks come amid growing debates about judicial independence and the efficiency of Ghana’s legal system. As discussions on potential reforms continue, Justice Atuguba’s insights add to the broader conversation on how best to balance judicial capacity with the need to uphold the integrity and impartiality of the nation’s highest court.