Ghana’s separation of powers a farce — Justice Atuguba

Retired Supreme Court Justice William Atuguba has delivered a scathing critique of Ghana’s political system, arguing that the foundational principle of separation of powers has collapsed under excessive presidential control.

Speaking on The Assembly podcast hosted by Dr. Ayure-Inga Mark Agana, Justice Atuguba painted a picture of a system where the judiciary, legislature, and executive are too closely intertwined, undermining the checks and balances essential to a healthy democracy.

“Our constitutional framework does not provide for a strong and wholesome separation of powers,” Justice Atuguba asserted. “While we nominally have distinct branches—executive, judiciary, and legislature—the reality is that the president appoints virtually everyone who matters. This concentration of power compromises accountability at every level.”

Justice Atuguba recalled a significant episode during the selection of a Chief Justice following the passing of Justice George Kingsley Acquah. He noted that political considerations, rather than merit or seniority, dominated the appointment process. “I remember seeing a front-page publication stating that the post of Chief Justice is political and that seniority would not count. I knew then that I was being deliberately sidelined,” he lamented, underscoring the systemic issues that have long plagued the judiciary.

The former Justice also turned his attention to the fusion of executive and legislative powers. He criticized the constitutional mandate that requires the majority of ministers to be drawn from Parliament, a provision that has effectively rendered the legislative branch a rubber stamp for the executive. “Most MPs enter Parliament with the hope of becoming ministers rather than focusing on lawmaking. This creates a situation where they are reluctant to challenge the President,” he explained.

Justice Atuguba further highlighted the consequences of such a fusion. In his view, the removal of a constitutional provision from the 1979 Constitution—once requiring MPs appointed as ministers to resign their seats—has exacerbated the problem. This change has allowed those in power to maintain dual roles, blurring the lines between legislative oversight and executive authority.

The retired jurist’s remarks contribute to an ongoing debate among legal and political analysts about whether Ghana’s constitutional framework requires urgent reforms. With the judiciary facing an ever-growing caseload and the executive’s influence pervading every branch of government, calls for a renewed separation of powers have never been louder.

Justice Atuguba’s emphatic statements resonate with a public increasingly critical of a system where accountability is sacrificed at the altar of political expediency. His insights serve as a rallying cry for structural reforms that would restore the balance of power and ensure that Ghana’s governance truly serves the interest of all its citizens.

As debates on constitutional reform and judicial independence intensify, Justice Atuguba’s call for an overhaul of Ghana’s separation of powers remains a potent reminder of the need for a system that is not only functional but also fair and just.