Chief Justice must rise above partisan commentary — Concerned NPP Stalwart warns

A Sunyani-based NPP activist, Hon. Isaiah Ibrahim, has expressed concern over recent remarks attributed to Chief Justice Paul Baffoe-Bonnie, questioning the political implications of comments in which the Chief Justice appeared to contrast Ghana’s performance over the past eight years with recent developments under the current administration.

The Chief Justice reportedly praised the performance of institutions including the Social Security and National Insurance Trust (SSNIT) and the Minerals Income Investment Fund (MIIF), before asking what Ghana had been doing over the preceding eight years.

Hon. Ibrahim said the concern was not about the Chief Justice’s right to express personal views as a Ghanaian citizen, but the significance such comments assume because of the constitutional office he occupies.

According to him, when the head of the Judiciary publicly compares the performance of state institutions under the NDC administration with that of the previous NPP government, the remarks could be interpreted as a political judgment on the two administrations.

He referred to similar concerns raised by legal scholar Professor Kwaku Asare, arguing that the Chief Justice’s choice of words could be perceived as partisan commentary and potentially undermine confidence in the independence of the Judiciary.

“The Chief Justice is not an ordinary commentator. He is not a political analyst or a government spokesperson,” Ibrahim stressed. “He is the head of an arm of government whose credibility depends fundamentally on neutrality.”

Hon. Ibrahim cited Article 127 of the 1992 Constitution, which provides for an independent Judiciary subject only to the Constitution and not to the control or direction of any person or authority.

He therefore urged the Chief Justice to exercise particular caution when making public statements that could be understood as praising one political administration while criticising another.

The NPP activist said the comment, “one wonders what we really have been doing in the past eight years,” went beyond an acknowledgment of institutional progress.

In his view, Ghana’s politically divided environment could lead many people to conclude that the previous administration had failed while the current government was performing better.

“Imagine a Chief Justice publicly praising an NPP administration in the same manner while criticising an NDC administration. Would the NDC not reasonably question the neutrality of the Judiciary? Would citizens not begin to wonder whether political considerations were influencing judicial attitudes?” he asked.

He maintained that the same principles of neutrality should apply irrespective of the political party in government.

“The Judiciary does not need to win political arguments. Its authority comes from something far more important: the confidence of both government and opposition that justice will be administered without fear or favour, affection or ill-will.”

Hon. Ibrahim also drew attention to the Judicial Oath, which requires judges to discharge their duties without fear or favour and uphold the Constitution and laws of Ghana.

He advised the Chief Justice to leave assessments of the NDC government’s performance to Parliament, political parties, economists, journalists, civil society organisations and the electorate.

“The Chief Justice’s responsibility is different. He must protect the institutional integrity of the Judiciary and ensure that the NDC, NPP, and every Ghanaian citizen can approach the courts without wondering which political side the Chief Justice appears to favour.”

He said the criticism from some NPP members and other commentators should be understood as concerns about the perceived neutrality of the Judiciary rather than merely partisan attacks.

Hon. Ibrahim concluded by urging Chief Justice Baffoe-Bonnie to reconsider the wisdom of making political comparisons, stressing that Ghana needed a judicial leader whose public statements consistently reflected justice, the Constitution and the rule of law.