Catholic Bishops warn Chief Justice against remarks that could blur judicial impartiality

The Ghana Catholic Bishops’ Conference has urged Chief Justice Paul Baffoe-Bonnie to avoid comparing the records of successive governments when commenting on the performance of public institutions. The Conference said the Chief Justice’s reference to the “past eight years” during visits to the Social Security and National Insurance Trust (SSNIT) and the Minerals Income Investment Fund (MIIF) on September 2 could be interpreted as a political comparison. According to the Bishops, there was nothing improper about the Chief Justice visiting public institutions, assessing their operations or commending genuine improvements.

“The difficulty lies not in the visits themselves, but in the political character that some of his remarks, in particular his reference to the ‘past eight years’, can reasonably be understood to have acquired.” The Conference said in Ghana’s political context, such a reference could easily be understood as a comparison between the current administration and its predecessor. It said what may have started as an assessment of institutional performance therefore took on the appearance of a partisan judgment. The Bishops noted that the concern had also been raised publicly by the Ghana Centre for Democratic Development, which warned that such remarks could create an impression of political endorsement and weaken confidence in judicial impartiality.

They also acknowledged the Judicial Service’s clarification that the Chief Justice’s comments were made in good faith and without any intention to compromise judicial independence. The Conference said it received that clarification in good faith. However, it stressed that the episode raised broader concerns about the standards expected of the head of the Judiciary.

“The office of Chief Justice is not that of an ordinary public commentator,” the Bishops said. They explained that courts could at any time be required to determine disputes involving the government, political parties or public institutions. They said citizens must therefore be able to approach the courts without doubts about whether the Chief Justice had aligned himself with one political era over another.

“Judicial independence is not only a matter of actual impartiality; it also depends on the visible, unmistakable appearance of impartiality.” The Bishops were, however, careful not to accuse the Chief Justice of partisanship or suggest th… The Ghana Catholic Bishops’ Conference has rejected calls for the resignation of Chief Justice Paul Baffoe-Bonnie over remarks he made during visits to the Social Security and National Insurance Trust (SSNIT) and the Minerals Income Investment Fund (MIIF). The Conference said the calls were disproportionate, although it acknowledged that some of the Chief Justice’s comments could create concerns about the appearance of judicial impartiality.

In a statement on Sunday, September 6, the Bishops said there was nothing improper about the Chief Justice visiting public institutions, assessing their operations or commending improvements. It said the concern was with the political character that some of his remarks, particularly his reference to the “past eight years”, could reasonably be understood to have acquired. “In our national context, such a phrase is readily heard as a comparison between the present administration and its predecessor,” the Conference said.