Lawyer and IMANI Africa Vice-President Kofi Bentil has warned that appointing Chief Justices who are close to retirement could give President John Dramani Mahama significant influence over the leadership of the judiciary by allowing him to select successive heads of the institution.
Speaking on JoyNews’ PM Express on Wednesday, Mr Bentil said the remaining years of potential appointees could become a factor in the selection process, with implications for the succession of Chief Justices during the President’s tenure.
“If the president wants to wrestle power, he will go the route of picking people with short times to go,” he said.
Mr Bentil stressed, however, that he was outlining 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 added.
He explained that selecting judges with relatively short periods remaining before retirement could create an opportunity for the President to appoint at least two Chief Justices before leaving office.
Chief Justice succession raises questions
The discussion comes as Chief Justice Paul Baffoe-Bonnie approaches retirement later this year, creating the need for a new appointment to lead the judiciary.
Mr Bentil acknowledged that competence was essential in selecting a Chief Justice but argued that other considerations, including loyalty and the appointing authority’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 said.
He maintained that the judges being considered for the position were qualified to serve, regardless of who was ultimately selected.
“There can be no mistake, regardless of who is picked. They are all really fit,” he said.
Mr Bentil suggested that President Mahama’s level of comfort with a candidate could nevertheless prove decisive in the appointment.
“I think that to the extent that it is the president who picks, he will pick a choice that is comfortable for him,” he stated.
Bentil calls for a Chief Justice who can restore confidence
Beyond the political considerations surrounding the appointment, Mr Bentil said the next Chief Justice should help restore public confidence in the judiciary following recent turmoil surrounding the institution.
“I think the best thing would be someone who projects confidence in the judiciary,” he said.
He acknowledged that no candidate would satisfy every stakeholder but argued that the successful nominee should be capable of attracting broad acceptance among judges, lawyers and the general public.
Despite his concerns about the potential influence of political considerations, Mr Bentil expressed confidence in the available candidates and the President’s eventual decision.
“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,” he said.
