Retired Supreme Court Justice, Amina Augie, has urged politicians to respect the constitutions and rules of their respective political parties and promote genuine internal democracy to reduce the number of political disputes taken to the courts.
Ms Augie made the call on Tuesday in Bauchi while participating as a panellist at a democracy dialogue alongside the National Chairman of Ghana’s National Democratic Congress, Johnson Nketia.
“Doing so prevents intra-party squabbles from overflowing into election petitions and overburdening the courts. Courts do not actively seek out political cases but are rather forced into the political arena by politicians who violate internal guidelines and fail to manage intra-party conflicts. Left to us in the judiciary, if you keep us out of the matrix, we can even rest,” Ms Augie said.
The retired justice expressed concern over the inability of political actors to enforce discipline within their ranks, saying the failure often results in avoidable disputes being referred to the courts for resolution.
She cautioned that persistent political disagreements could place additional pressure on the judiciary and undermine public confidence in the institution, stressing that judicial officers must remain conscious of the importance of public trust to the authority of the courts.
“The independence of the judiciary has nothing to do with benefiting the judge. It is a right of the citizen. A citizen has the right to go to court and expect that the judge applying the law knows the law, has read the case, and will do the job according to what is seen,” she stated.
Mr Nketia, however, argued that the judiciary could not be separated from politics given its constitutional responsibility to check executive power. He said political parties and citizens would naturally seek judicial intervention whenever democratic principles and established rules were breached.
“I very much disagree with the suggestion that the judiciary should have nothing to do with politics. In fact, it is the opposite, because we call on the judiciary to come and intervene. The judiciary has a function to check and restrain the exercise of power in society, so no aspect of the life of society should be out of bounds for the judiciary,” Mr Nketia said.
Speaking on significant electoral judgments across Africa, including decisions that overturned presidential election results in Kenya and Malawi, Mr Nketia maintained that the judiciary must remain the final authority in electoral disputes when election management bodies fail to comply with the law.
The President of the Court of Appeal, Justice Monica Dongban-Mensem, meanwhile, praised the organisers for convening the dialogue, describing its theme as timely in view of the challenges confronting democracy across the continent.
She said Africa’s changing political, technological and socio-economic environment made sustained discussions on the interaction between political institutions and the judiciary necessary.
“The strength of democratic governance is anchored in strong and robust institutions, dedicated adherence to constitutionality, respect for the rule of law, and an enduring commitment to justice, accountability, and the peaceful resolution of disputes,” Ms Dongban-Mensem said.
Justice Dongban-Mensem further highlighted the separate constitutional functions of the judiciary and political institutions, describing the judiciary as an impartial interpreter of the law, a guardian of constitutional order and a defender of citizens’ rights and freedoms.
She said political parties, on their part, remain critical to democratic participation, political representation and the development of political leadership.
According to her, although the judiciary and political parties operate under different mandates, both have a shared duty to protect democratic legitimacy and maintain citizens’ confidence in the governance system.
