Political activist, physician and social commentator Dr Arthur Kobina Kennedy has questioned the suitability of Chief Justice Paul Baffoe-Bonnie for the office if he needs formal ethical rules to recognise that his recent comments about state-owned institutions were inappropriate.
Dr Kennedy said the Chief Justice, by virtue of the office he occupies, should instinctively understand the boundaries expected of him and avoid conduct that could create an impression of political alignment.
“The Chief Justice does not need ethical laws to know that what he did was wrong,” Dr Kennedy said.
“If he does, then maybe he is not worthy of his office.”
Dr Kennedy was reacting to comments made by Justice Baffoe-Bonnie during visits to the Social Security and National Insurance Trust (SSNIT) and the Minerals Income Investment Fund (MIIF) on Wednesday, September 2.
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During the MIIF visit, the Chief Justice praised the institution and other public bodies for what he described as improved performance under the current administration.
He said the developments he had observed had prompted him to question what Ghana had been doing over the previous eight years.
“Sometimes when we hear how well some state organisations are doing now, we wonder what we really have been doing in the past eight years,” Justice Baffoe-Bonnie said.
He also referred to information presented to him at SSNIT, including previous plans involving some of the institution’s assets, and questioned how Ghana could have “sunk so low”.
The remarks have generated a political and institutional debate, with critics arguing that the comparison between the current administration and its predecessor sounded political and could undermine public confidence in the neutrality of the Judiciary.
Dr Kennedy said the Chief Justice should have recognised the potential implications of his comments without needing to be guided by a specific ethical provision.
“A Chief Justice instinctively must know that things like this are inappropriate and avoid them,” he said.
“He is the exemplar for our judiciary.”
According to Dr Kennedy, the person occupying the highest judicial office must be particularly conscious of how his public statements are perceived because the credibility of the Judiciary depends in part on public confidence in its independence and impartiality.
He therefore urged Justice Baffoe-Bonnie to apologise and commit to avoiding similar conduct.
“I hope you can find it in your heart to apologise and pledge to do no more,” he said.
Dr Kennedy also rejected what he described as partisan reactions to the controversy, arguing that both the NPP and NDC had displayed hypocrisy in their respective responses to controversies involving Chief Justices.
He said NPP supporters who previously defended former Chief Justice Gertrude Torkornoo but were now condemning Justice Baffoe-Bonnie were being inconsistent.
He made the same criticism of NDC supporters who, according to him, had previously criticised Torkornoo but were now defending the current Chief Justice.
“Equally, all the NDC people who saw everything wrong with what Torkornoo did but see everything right about this are hypocrites too, and they should keep quiet,” he said.
Dr Kennedy nevertheless maintained that his criticism of Justice Baffoe-Bonnie should be assessed independently of partisan politics.
“Indeed, you sounded like an NDC official, unfortunately,” he said.
He argued that the Chief Justice should instead devote his attention to problems within the Judiciary, including delays in the appellate process, prolonged detention of prisoners, missing case dockets, judicial corruption and the assignment of judicial panels.
The controversy has also prompted a response from the Judicial Service.
In a statement issued on Friday, September 4, the Service acknowledged the “mixed public reaction” to the Chief Justice’s observations and said they were made in good faith.
It said the comments were not intended to serve a purpose inimical to judicial independence.
“The Chief Justice remains committed to upholding the integrity and independence of the Judiciary, and the promotion of justice and equality before the law,” the statement said.
The Judicial Service did not indicate that the Chief Justice would apologise or withdraw his remarks.
Dr Kennedy, however, believes an apology and an undertaking not to repeat such conduct would be appropriate.
“I urge you, Mr Chief Justice, not to disappoint us,” he said.
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