International corporate lawyer and entrepreneur Vicky Bright asserts that the controversy surrounding Chief Justice Paul Baffoe-Bonnie’s remarks during his visit to the Minerals Income Investment Fund (MIIF) should not be immediately interpreted as grounds for his dismissal.
During her appearance on JoyNews, she stated that the visit itself was not inappropriate. The more significant concern, she elaborated, is how a reasonable individual would interpret the Chief Justice’s statements.
“I don’t think the visit in itself was improper,” she said.
“The test is not really merely whether he intended to be partisan, but whether a responsible and informed person would perceive his remarks as partisan,” she added.
Justice Baffoe-Bonnie made his comments during his visit to MIIF on Wednesday, September 2. He commended MIIF and other public institutions under the current government and remarked that some of the advancements he observed led him to question what Ghana had been doing over the past eight years.
These comments have sparked discussions regarding judicial independence and whether the Chief Justice’s statements were politically charged.
However, Bright contended that even if the comments are deemed careless or politically suggestive, they should not automatically be classified as a constitutional breach that necessitates his removal.
“I don’t think we should trivialise what happened, but I also don’t think we should exaggerate it into an automatic basis for removal,” she said.
She referenced Articles 125 and 127 of the Constitution, which affirm judicial independence, along with Article 146, which outlines the constitutional process for the removal of a Chief Justice.
“For me, my answer is no, on the present facts that we have, because Articles 125 and 127 of the Constitution establish judicial independence,” she said.
“But every careless or, maybe what you say, politically suggestive judicial remark should not automatically become a constitutional violation warranting removal of the Chief Justice under Article 146.”
Bright also expressed her disagreement with the demands for Justice Baffoe-Bonnie to resign without delay.
“So, I think these calls for immediate resignation are a little bit excessive on the information presently available,” she stated.
The Judicial Service has supported the Chief Justice’s remarks, asserting that they were made in good faith and were not meant to compromise judicial independence.
It emphasised that Justice Baffoe-Bonnie is dedicated to “upholding the integrity and independence of the judiciary and the promotion of justice and equality before the law”.
