Lawyer and IMANI Africa Vice-President Kofi Bentil has warned that appointing Chief Justices who are close to retirement could give President John Mahama significant influence over the leadership of Ghana’s judiciary.
Speaking in an interview, Mr Bentil said the remaining years of a potential appointee could become a factor in the selection process, as a Chief Justice with a short time left in office could create an opportunity for the President to appoint successive heads of the judiciary.
“If the president wants to wrestle power, he will go the route of picking people with short times to go,” he said.
Mr Bentil clarified that he was highlighting a possible scenario rather than suggesting that President Mahama intended to pursue such a strategy.
“I said, if he wants, okay. The reason is simple. It will give him immense power.”
He explained that appointing a Chief Justice nearing retirement could potentially allow the President to select at least two people to lead the judiciary before the end of his tenure.
The issue comes as Chief Justice Paul Baffoe-Bonnie approaches retirement later this year, creating the need for a new appointment to head the judiciary.
Mr Bentil acknowledged that competence was essential in selecting a Chief Justice but argued that other considerations, including loyalty and the President’s confidence in a candidate, could also influence the decision.
“Competence is always important, but even in corporate life, above a certain level, the boss will pick somebody with sufficient competence and great loyalty.”
He maintained that the judges being considered for the position were all qualified, regardless of who was eventually selected.
“There can be no mistake, regardless of who is picked. They are all really fit.”
According to him, the President may ultimately favour a candidate with whom he feels comfortable working.
“I think that to the extent that it is the president who picks, he will pick a choice that is comfortable for him.”
However, Mr Bentil said the priority should be to restore and strengthen public confidence in the judiciary through the appointment.
“I think the best thing would be someone who projects confidence in the judiciary.”
He acknowledged that no candidate would satisfy everyone but said the appointment should be someone capable of earning broad acceptance among judges, lawyers and the public.
Despite his concerns about the potential political considerations surrounding the process, Mr Bentil expressed confidence that President Mahama would make a suitable choice.
“I think ultimately the president will make a good choice because fortunately we have very good people over there, but he will make the choice.”
