Retired Supreme Court Justice William Atuguba has raised concerns regarding the composition of the Supreme Court panel that ruled in favour of Majority Leader Alexander Afenyo-Markin’s suit challenging Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant.

In an interview on Saturday, November 16, Justice Atuguba described the majority decision as “predictable,” given the makeup of the panel.

He suggested that the ruling was not surprising, indicating that the judicial outcome could be attributed to the composition of the judges involved in the case.

• Read also: Vacant seats: Supreme Court ruling lacks enforceability without further orders – Justice Atuguba

Justice Atuguba also expressed alarm over what he described as the "political poison" affecting the judiciary, stating that it has reached a peak although it did not begin recently.

He cautioned that political influence within the judicial system could erode its impartiality, weakening the rule of law in the country.

The retired judge further warned that partisanship within the judiciary could have serious consequences, potentially undermining the credibility of the legal system and transforming Ghana into a state ruled by political considerations rather than justice.

“Look at even the empanelment. For what reason will you bring the young justices to handle such a weighty matter to the exclusion of the seniors? What reason?"

“Legally I don’t see what was left for them to discuss because in rejecting the application to set aside their directive, they had ruled that they had jurisdiction."

“They had already decided that the speaker had no jurisdiction on the matter so what was left actually for determination? This same panel that ruled that there was jurisdiction were still there and only two came in. The five went the way they went predictably.”

“As I said some time ago, this question of political poison in the judicial system didn’t start today but it has gotten to its peak, under this current administration and that is the real constitutional virus to be reversed,” he stated.

On November 12, the Supreme Court ruled in favour of Afenyo-Markin, overturning Speaker Bagbin’s declaration that the parliamentary seats for Suhum, Amenfi Central, Agona West, and Fomena were vacant. The ruling sparked debate, with critics questioning the decision and the broader implications for the integrity of Ghana’s judiciary.