“If confirmed, I will stand with every judge, staff, court user and citizen in the belief that access to justice should not depend on who you are or your connections,” Chief Justice (CJ) nominee, Justice Paul Baffoe-Bonnie, has stated.
“It does not matter who you are; once it comes to the law, it is no discriminator of persons.
That has been my lifestyle, and if anybody is to go through my file, this is what he will come up with,” he told Parliament’s Appointments Committee yesterday.
Justice Baffoe-Bonnie, who has been on the Supreme Court bench for the past 18 years, was being vetted by the committee following his nomination by the President to succeed former Chief Justice Gertrude Sackey Torkornoo.
He explained that the nation needed a judiciary that did not just interpret the law but was capable of elevating its conscience.
In his opening remarks, Justice Baffoe-Bonnie pledged to lead far-reaching judicial reforms anchored on transparency, efficiency and access to justice.
He stated that the country’s judiciary was at “a defining moment”, and the time had come to renew public trust and institutional credibility.
The acting Chief Justice acknowledged the widespread public scepticism towards the judiciary, saying he intended to restore confidence by building a justice system that “not only interprets the law but elevates the nation’s conscience”.
He promised to strengthen procedural clarity and predictability in adjudication, promote administrative efficiency and ensure open justice for all, emphasising that the judiciary was not a political actor but a guardian of rights and the final arbiter of the rule of law.
By-partisan
Addressing concerns about his nomination, Justice Baffoe-Bonnie downplayed suggestions that it was a reward for his role in the 2012 Election Petition where he ruled in favour of the sitting President at the time, and now President John Dramani Mahama, stating: "I wouldn't know what goes on in the President’s mind”.
Bernard Ahiafor (middle), Chairman; Kweku Ricketts-Hagan (left), Vice-chair and Alexander Afenyo-Markin, Minority Leader, at the vetting. Picture: CALEB VANDERPUYE
The nominee dismissed the claim, insisting that his elevation was the result of merit and long service, not political patronage.
Answering the question which stood in the name of the Majority Chief Whip and Member of Parliament (MP) for South Dayi, Rockson-Nelson Dafeamekpor, the Chief Justice nominee reflected on his extensive experience, saying that his career trajectory had been shaped by various administrations, demonstrating his bipartisan appeal.
To support this, he recounted how former President Jerry John Rawlings appointed him to the bench as a Circuit Court judge, with President John Agyekum Kufuor elevating him to the Court of Appeal in 2006 and again to the Supreme Court in 2008.
Justice Baffoe-Bonnie insisted that his judicial career spanned successive governments, under Rawlings, Kufuor, Mills, Mahama and Akufo-Addo, underscoring his political neutrality.
In response to a question from the MP for Bawku Central and Majority Leader, Mahama Ayariga, who raised concerns about judicial delays, citing a land case that lasted 40 years, and urged the use of artificial intelligence (AI) and structural reforms to accelerate justice delivery, Justice Baffoe-Bonnie agreed with the Majority Leader’s assertion that excessive appeal layers contributed to delays, but said reforms would require constitutional amendment.
The acting Chief Justice said the Supreme Court’s size and workload stemmed from its broad jurisdiction, and suggested that the country could consider separating constitutional and appellate functions, as practiced in South Africa, to improve efficiency and speed of justice delivery.
On election dispute reforms, he proposed that presidential petitions be concluded before inauguration day to prevent governance uncertainty.
He suggested moving Ghana’s general elections to early November to allow for, at least, 57 days for hearings before the swearing-in of a new President, averring that doing so would strengthen democratic stability and public confidence in the judiciary’s electoral role.
Cost of litigation
The MP for Daboya/Mankarigu, Shaibu Mahama, raised concerns over the rising cost of litigation and the inability of the Legal Aid Commission to support poor litigants.
Justice Baffoe-Bonnie agreed that access to justice had become expensive, describing the Legal Aid system as “an orphan”.
He revealed plans to collaborate with the Office of the Attorney-General to resource the commission, and proposed innovative measures such as mobile courts, night and weekend sittings, and expanded Alternative Dispute Resolution (ADR) systems to ease the burden on citizens.
He also confirmed that the judiciary was exploring the possibility of 24-hour court operations, saying: “It is possible. We already have morning and afternoon shifts, and some courts sit over weekends. With time, we will move towards full 24-hour sittings.”
The MP for Pusiga, Laadi Ayii Ayamba, wanted to know how the judiciary could contribute to reducing prison congestion, particularly in addressing cases of remand prisoners detained for years over petty offences.
Justice Baffoe-Bonnie acknowledged the dire state of prisons, stating that many facilities were holding inmates several times the original numbers.
He promised to revive the “Justice for All” programme, advocate community service for minor offenders, and push for a parole system to decongest prisons.
“Punishments should serve justice, not vengeance,” he stressed, “and where rehabilitation is possible, we must pursue it.”
Reforms
The MP for Zabzugu, Alhassan Umar, also asked about what reforms Justice Baffoe-Bonnie would introduce to restore public confidence and tackle corruption in the judiciary should he be approved.
The nominee admitted that public trust had declined due to delays, inefficiency and perceptions of corruption.
The acting Chief Justice, however, pledged to enforce discipline among errant judges and staff, strengthen the Judicial Council’s complaint system and expand the e-justice programme nationwide to eliminate human interference in case assignments.
Justice Baffoe-Bonnie emphasised public education on ADR to reduce court congestion and argued that integrity must start from within.
“The judiciary is as honest or corrupt as the society it serves. But if we lead with transparency, citizens will follow with trust,” he stated.
Appointments
When a member of the committee asked the nominee about executive influence in judicial appointments, Justice Baffoe-Bonnie maintained that the current process, which allowed the President to appoint judges on the advice of the Judicial Council and in consultation with the Council of State, was constitutional and had served the nation well since 1992.
He dismissed fears of “court packing” by Presidents, explaining that judicial appointments were based on merit and subject to multi-institutional checks.
Justice Baffoe-Bonnie further announced plans to expand the e-justice system beyond Accra to all regional capitals and improve conditions of service for lower bench staff and magistrates who formed the bulk of the judiciary but remained poorly paid.
Court proceedings
When the Majority Leader sought clarification on the propriety of proceeding to vet him in spite of pending lawsuits challenging the removal of the former Chief Justice, Justice Baffoe-Bonnie maintained that Parliament was right to proceed, as there was no injunction from any court restraining it from performing its constitutional duty.
He cited the 2012 Election Petition brought against President Mahama by Nana Addo Dankwa Akufo-Addo, which run until the Supreme Court gave a ruling eight months after.
Walkout
The vetting, however, began on a contentious note when the Minority Leader, Alexander Afenyo-Markin, and his caucus staged a walkout.
This was after a stalemate as to whether the Minority Leader’s preliminary comments could touch on the work of the committee that investigated the stated misbehaviour of the former CJ.
The Majority side objected to some phrases being used by the Minority Leader.
When given the opportunity to make a preliminary comment, Mr Afenyo-Markin described the acting Chief Justice as a “disputed nominee”, a term which the Majority Leader, Mahama Ayariga, vehemently objected to.
“He has no lawful authority to raise anything about what happened in court and on the floor of Parliament,” the Majority Leader said, citing Standing Orders 122 and 123 of Parliament, which guide the grounds on which debates could be interrupted and content of speeches.
The two sides of the divide could still not agree for more than three hours because while the Minority argued that ongoing legal actions challenging the removal of the immediate past CJ had not been addressed, and that proceedings with the vetting undermined judicial independence, the Majority side objected to raising that issue before the committee because it was not the proper forum.
Not even a coffee break declared by the Chairman of the committee and First Deputy Speaker of Parliament, Bernard Ahiafor, could resolve the stalemate, as the two sides stuck to their guns.
The chairman of the committee, who is also the MP for Akatsi South, intervened many times during the proceedings, and also ordered that any references to the Torkornoo investigation report or Justice Gabriel Pwamang, who chaired the investigative panel, be expunged from the official record, stating that they were not before the committee and would not have the opportunity to respond.
After heated back and forth, the Minority exited the chamber, leaving the Majority side of the committee and other interested guest committee members to continue with the vetting.
info@businessghana.com
