A retired Supreme Court Justice, Amina Augie, has tasked politicians on respecting their internal constitutions, foster true internal democracy to avoid dragging the courts into electoral adjudication.
Augie made the call while speaking as a panelist alongside the National Chairman of Ghana’s National Democratic Congress (NDC), Johnson Nketia at a democracy dialogue on Tuesday in Bauchi.
The theme of the dialogue organised by the Goodluck Jonathan Foundation (GJF) is : “Beyond Elections: Can Political Parties and the Judiciary Alone Save African Democracy?”
“Doing so prevents intra-party squabbles from overflowing into election petitions and overburdening the courts.
“Courts d0 not actively seek out political cases, but are rather forced into the political arena by politicians who violate internal guidelines and failed to manage intra-party conflicts.
“Left to us in the judiciary, if you keep us out of the matrix, we can even rest,” Augie said.
Augie also expressed concerns over failure of politicians to maintain discipline within their ranks and then rely on courts to resolve avoidable crises.
Augie warned that constant political disputes drag down the courts and erode public trust in the judiciary, noting that judicial officers must remember that public confidence is essential to maintaining judicial authority.
“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.
On his part, Nketia, said that the judiciary cannot be isolated from politics because it serves a constitutional role in checking executive power.
Nketia noted that political parties and citizens naturally call upon the courts to intervene when democratic rules are violated.
“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,” Nketia said.
Addressing questions on landmark electoral rulings across Africa including the annulment of presidential elections in Kenya and Malawi, Nketia said that the courts must remain the ultimate arbiters when electoral bodies fail to uphold legal standards.
“If you are required to conduct elections according to certain laws, it is the duty of the judiciary to find out whether the election meets the standards required by the law.
“If it doesn’t meet the standards, they will save the whole country by declaring that the election should be cancelled. The outcome of elections is essentially the decision of the voters,” Nketia.
Earlier in her remarks, President of the Court of Appeal, Justice Monica Dongban-Mensem, commended the foundation for the dialogue describing the theme as relevant to current continental challenges.
Represented by Justice Mistura Bolaji, she said that the evolving political, technological, and socio-economic landscape across Africa necessitates continuous engagement on the relationship between political institutions and the judiciary.
“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,” Dongban-Mensem said.
She underscored the distinct constitutional responsibilities of both arms, describing the judiciary as the impartial interpreter of the law, guardian of constitutional order, and protector of citizens’ rights and liberties.
Dongban-Mensem stated that on the other hand, political parties serve as essential vehicles for democratic participation, political representation, and leadership development.
She noted that inspite of their distinct mandates, both institutions shared responsibility of preserving democratic legitimacy and sustaining public confidence in governance.(NAN)
