Seniority, Fairness and the Appointment of Ghana’s Next Chief Justice

What could justify the appointment of relatively junior justices over their more senior colleagues to the superior courts?

This question deserves serious consideration, particularly when such decisions have the potential to affect morale, institutional harmony and confidence in the judiciary.

Chief Justice Baffoe Bonnie was appointed to the Supreme Court in 2008, and it took approximately seventeen years before he ascended to the highest judicial office in the country. Such a lengthy professional journey highlights the patience and dedication required to attain the highest levels of judicial service.

However, when relatively junior justices are elevated ahead of their senior colleagues, it can create perceptions of unfairness, generate disaffection and potentially undermine institutional cohesion. The experiences associated with the tenure of former Chief Justice Gertrude Torkornoo further demonstrate the importance of promoting harmony, fairness and confidence within the judiciary.

As Ghana considers succession to the office of Chief Justice, I believe the professional experience and career progression of Justices Senyo Dzamefe, Gbiel Simon Suurbareh and Sir Dennis Dominic Adjei deserve careful consideration. These justices reportedly spent approximately fifteen years at the Court of Appeal before their elevation to the Supreme Court in 2025.

Their years of service at the appellate level should be recognised as an important part of any objective assessment of potential candidates for the position.

Although Justice Scott Pwamang is among the senior members of the Supreme Court, the relative seniority and experience of these three justices at the Court of Appeal before their elevation should also be considered. Similarly, Justice Avril Lovelace-Johnson’s seniority on the Supreme Court bench must be duly acknowledged. Nevertheless, seniority should be considered alongside competence, integrity, judicial temperament, independence and leadership ability.

There have been suggestions that the previous service of Justices Senyo Dzamefe and Gbiel Simon Suurbareh on the public tribunals may have contributed to their prolonged stay at the Court of Appeal. With that background it may affect their suitability as candidate for consideration.

In this regard, Justice Sir Dennis Dominic Adjei could be a credible candidate for consideration as the next Chief Justice. His judicial training, professional experience, temperament and understanding of the administration of justice may equip him to provide effective leadership. His candidacy, like that of other qualified justices, should be assessed objectively, with due regard to his record and capacity to command the confidence of the judiciary and the public.

Ultimately, the objective should not be to favour one individual or group of justices over another. Rather, Ghana should pursue a succession process that recognises merit, respects professional experience, promotes institutional harmony and safeguards judicial independence.

The appointment of the next Chief Justice should be guided by merit, integrity, experience, independence and fairness. A transparent and credible process would help strengthen confidence in the judiciary, minimise perceptions of favouritism and ensure that the successful candidate commands the respect of colleagues across the judicial hierarchy.

Ghana deserves a Chief Justice whose appointment will unite rather than divide the judiciary and whose leadership will reinforce public confidence in the administration of justice.

Mike Kalley
Sociopolitical Analyst.