The Ghana Bar Association has expressed strong disapproval of comments attributed to Chief Justice Paul Baffoe Bonney concerning the performance of state owned enterprises, describing the remarks as inappropriate and raising concerns about their implications for judicial impartiality.
The criticism was delivered by the President of the Ghana Bar Association, Efua Ghartey, during the opening of the association’s 2026/27 annual conference in Ada on Monday, September 14. The gathering, held under the theme, “150 Years of Ghana’s Legal Evolution: Transforming the Profession and Driving its Future with Industry,” provided the platform for a pointed discussion on the responsibilities of constitutional office holders and the importance of preserving public confidence in the Judiciary.
The controversy follows observations made by the Chief Justice during an institutional visit to the Minerals Income Investment Fund on Wednesday, September 2. While commending the performance of MIIF and other public institutions under the current administration, Justice Baffoe Bonney questioned what Ghana had been doing during the preceding eight years. His remarks, which were interpreted by critics as a comparison between the current and previous administrations, subsequently attracted public debate over the extent to which the head of the Judiciary should comment on matters with apparent political implications. <Cite refs={[“turn0search15″,”turn0news0”]}/>
Addressing the conference, Mrs Ghartey said the Chief Justice’s praise of a public institution, coupled with his comparison of its achievements with those of a previous government, was particularly disconcerting because of the constitutional position he occupies.
“The recent commendation of a public institution and the comparison to a past government’s output, by no mean a person than the Chief Justice of the Republic of Ghana, left much to be desired,” she declared.
The GBA President added that the association was unwilling to conclude that the remarks necessarily reflected an underlying personal or political disposition. Nevertheless, she invoked the biblical passage in Matthew 12:34, which states that “out of the abundance of the heart, the mouth speaketh,” to underscore the unease generated by the Chief Justice’s public comments.
“We do not want to believe that what happened is a fulfilment of Matthew 12:34, which says, ‘Out of the abundance of the heart, the mouth speaketh,’” she stated.
Mrs Ghartey also took issue with the response issued by the Judicial Secretary in an apparent effort to clarify or defend the Chief Justice’s observations. In her assessment, the explanation failed to adequately resolve the concerns raised by the legal profession.
“Respectfully, the Judicial Secretary’s attempted defence of the Chief Justice was, at best, lacklustre,” she remarked.
Despite her criticism, the GBA President made it clear that the association’s position should not be misconstrued as an assault on the Judiciary or an attempt to weaken its institutional autonomy. Rather, she reaffirmed the Bar’s determination to safeguard judicial independence, which is constitutionally guaranteed under Article 128(4) of the 1992 Constitution of Ghana.
Mrs Ghartey, however, emphasised that the protection of judicial independence must exist alongside a firm commitment to constitutional discipline. She cautioned that persons entrusted with high public responsibilities must remain within the boundaries established by the Constitution and the nature of their respective offices.
“The Bar wishes to serve a reminder that much as it is poised to protect the independence of the Judiciary, as per Article 128(4) of the 1992 Constitution of the Republic of Ghana, the guarded must stay within their bounds as dictated by their calling in the Constitution,” she said.
Her remarks therefore placed the ongoing controversy within a broader constitutional context, stressing that the authority entrusted to public office holders carries corresponding obligations of restraint, impartiality and fidelity to the law.
The Chief Justice’s earlier observations were subsequently defended by the Judicial Service, which said they had been made in good faith and were not intended to compromise judicial independence. The continuing debate has nevertheless intensified scrutiny of the relationship between judicial conduct, public accountability and the constitutional responsibility to preserve confidence in Ghana’s justice system.
