Democracy will be strengthened when political parties respect their constitutions and resolve internal disputes without unnecessarily dragging the judiciary into avoidable electoral battles, retired Supreme Court Justice Amina Augie has said.
Retired Supreme Court Justice Amina Augie has urged politicians to respect the constitutions of their political parties and strengthen internal democracy to prevent avoidable disputes from spilling into the courts.
Augie made the call on Tuesday, August 11, 2026, while participating as a panelist at a democracy dialogue organised by the Goodluck Jonathan Foundation (GJF) in Bauchi.
The dialogue, themed “Beyond Elections: Can Political Parties and the Judiciary Alone Save African Democracy?”, featured discussions on the roles of political parties and the judiciary in strengthening democratic governance across Africa.
Augie said political parties could reduce the burden on the judiciary by adhering to their internal rules and resolving disagreements within their structures.
“Doing so prevents intra-party squabbles from overflowing into election petitions and overburdening the courts,” she said.
According to the retired justice, courts do not deliberately seek political disputes but are often drawn into them when politicians disregard party guidelines or fail to resolve internal conflicts.
“Courts do 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,” she said.
Augie also expressed concern over what she described as a lack of discipline among political actors who subsequently turn to the courts to resolve crises that could have been prevented through effective internal mechanisms.
She warned that persistent political disputes could place unnecessary pressure on the judiciary and undermine public confidence in the institution.
Augie stressed that judicial independence is ultimately about protecting citizens rather than serving the interests of judges.
“The independence of the judiciary has nothing to do with benefiting the judge; it is a right of the citizen,” she said.
She explained that citizens have the right to approach the courts with the expectation that judges will understand the law, properly consider cases and deliver decisions in accordance with established legal principles.
Augie said maintaining public confidence was essential to the authority and effectiveness of the judiciary.
However, Johnson Nketia, National Chairman of Ghana’s National Democratic Congress (NDC), offered a different perspective on the relationship between politics and the judiciary.
Nketia rejected the suggestion that the judiciary should be kept away from political matters, arguing that courts have a constitutional responsibility to check and restrain the exercise of political power.
“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,” he said.
He argued that political parties and citizens naturally turn to the courts when democratic rules are violated.
Nketia also defended the role of courts in determining whether elections comply with constitutional and legal requirements, citing landmark electoral decisions in African countries including Kenya and Malawi.
He said courts must act when electoral bodies fail to conduct elections according to established laws.
“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,” he said.
According to Nketia, where an election fails to meet the required legal standards, the judiciary has a duty to intervene, stressing that the ultimate authority in an election remains the voters.
Earlier, President of the Court of Appeal, Justice Monica Dongban-Mensem, commended the Goodluck Jonathan Foundation for organising the dialogue.
Represented by Justice Mistura Bolaji, Dongban-Mensem said Africa’s changing political, technological and socio-economic environment made continued discussion about the relationship between political institutions and the judiciary necessary.
She said democratic governance depended on strong institutions, respect for constitutionalism and the rule of law, as well as a commitment to justice, accountability and peaceful dispute resolution.
Dongban-Mensem described the judiciary as an impartial interpreter of the law, guardian of constitutional order and protector of citizens’ rights and liberties.
She said political parties, meanwhile, remained important vehicles for democratic participation, political representation and leadership development.
Despite their different constitutional responsibilities, she said political parties and the judiciary shared a responsibility to preserve democratic legitimacy and sustain public confidence in governance.
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