The head of the third arm of government, Chief Justice Paul Baffoe-Bonnie, has been accused of joining the Executive in the political arena, abandoning the hallowed principle of impartiality and separation of powers, jealously guarded by the Judiciary.
He attacked the previous New Patriotic Party (NPP) government in a partisan and brazen manner that is too glaring to be ignored by even the fierce critics of the erstwhile administration, as it jeopardises the independence of the Judiciary.
Justice Baffoe-Bonnie questioned how Ghana’s state institutions were managed over the past eight years under NPP, citing what he described as the improved performance of the Social Security and National Insurance Trust (SSNIT) and the Minerals Income Investment Fund (MIIF) under the National Democratic Congress (NDC) government.
“Sometimes when we hear how well some state organisations are doing now, we wonder what we have been doing in the past eight years and how Ghana could have sunk so low,” he further jabbed the past government.
The Chief Justice made the remarks after visiting MIIF, SSNIT,, and some state institutions in what political watchers have characterised as a partisan agenda of promoting President John Dramani Mahama on a ‘thank you’ tour of these state-owned enterprises.
According to him, the progress recorded by some state institutions under the current administration raised questions about how public resources had been managed in previous years.
Chief Justice Baffoe-Bonnie congratulated the institution’s management, saying the progress recorded was a demonstration of what could be achieved through proper management and prudent use of resources.
“I must congratulate you. I mean, you have done marvellously well,” he added.
The Chief Justice said he had been impressed by what he had seen at MIIF and what he had heard about the performance of other state entities.
He said a visit to SSNIT earlier in the day had further reinforced his impression that some public institutions were now performing significantly better.
Chief Justice Baffoe-Bonnei recalled concerns that, not too long ago, SSNIT was preparing to sell some of its prized assets, including Elmina Beach Resort and Pleasure Beach.
He said some of the developments he has witnessed have left him wondering what Ghana was doing during the previous administration.
“You wonder how Ghana could have sunk so low,” he reiterated.
The Chief Justice attributed the progress to proper management, effective use of resources and a recognition that public office holders are stewards of resources entrusted to them for the benefit of the nation.
He stressed that public officials should always consider how they would be remembered for their stewardship after leaving office.
“We will leave, we will pass this day, but whatever we should aim at is how do we want to be remembered for the stewardship that was given to us,” he said.
Responses to Justice Baffoe-Bonnie
Some avowed critics of the NPP have condemned Chief Justice Baffoe-Bonnie for veering into the political arena.
Lawyer, activist and academic Oliver Barker-Vormawor, who was recently appointed by President Mahama as Secretary to an 11-member Constitution Review Implementation Committee (CRIC) registered his displeasure about the conduct of Justic Baffoe-Bonnie.
“Some truths are not for judges to say. I recommend an apology and early retirement,” lawyer Barker-Vormawor told the Chief Justice.
Another antagonist of NPP, Professor Stephen Kweku Asare, also known as Prof. Kwaku Azaar, said he understood the sentiment of the Chief Justice but he was worried about the language.
“’The past eight years’ carries an unmistakable partisan meaning in our political discourse. Coming from the Chief Justice, it can therefore easily be understood, fairly or unfairly, as an assessment of one administration relative to another. That is territory the head of the Judiciary should avoid.
“Judges do not cease to be citizens when they assume office. But the robe necessarily constrains their public speech. This is especially so for the Chief Justice, whose words inevitably carry the institutional weight of the Judiciary.
“We rightly insist that politicians respect judicial independence and stay out of the judicial arena. The obligation is reciprocal. Judges, particularly the Chief Justice, must also exercise the restraint necessary to stay out of the partisan political arena.
“The point is not whether the observation is right or wrong. Nor is it about the motives of the speaker. It is about protecting an institution.
“There will be cases before our courts involving the acts and omissions of the previous government. There will be cases involving this government. No litigant should have reason to wonder whether the head of the Judiciary has formed a favourable or unfavourable view of any administration.
“Judicial independence requires political restraint, from politicians toward judges, and from judges toward partisan politics. The higher the judicial office, the heavier the burden of restraint,” Prof. Kweku Azaar responded on his Facebook Timeline.
The current opposition, NPP, was yet to comment on Chief Justice Baffoe-Bonnie’s comments as of the time of going to the press and it was not clear if the party would actually give an official response.
