Former Auditor-General, Daniel Yaw Domelevo, has cautioned Chief Justice Paul Baffoe-Bonnie against making public comments on politically sensitive matters, warning that such remarks could undermine public confidence in the Judiciary.
Mr Domelevo said the Chief Justice, as head of Ghana’s judicial system, must be particularly careful when commenting on political issues that could potentially end up before the courts.
Speaking on The Big Issue on Saturday, September 5, he urged the Chief Justice to refrain from expressing views on matters involving state institutions where future legal disputes could arise.
“My wish is that if it is possible, the Chief Justice should stop commenting on some political issues, especially issues that can later on cover litigation coming back to the court,” he said.
According to Mr Domelevo, even where the Chief Justice’s intentions are positive, public pronouncements on the performance or conduct of state institutions could create an impression that the Judiciary has already formed an opinion before a case is brought before it.
He cited comments describing an institution as corrupt or inefficient as particularly problematic.
“If you already make it known that this institution is corrupt or inefficient or has so and so, one may think that you are already prejudiced,” he cautioned.
His comments follow recent remarks by the Chief Justice during visits to public institutions, where he praised the performance of some state-owned entities under the current administration while questioning what had been achieved during the previous eight years.
Mr Domelevo acknowledged that the Chief Justice may be seeking to promote stronger collaboration between the Judiciary and other arms and institutions of government.
However, he stressed that occupants of sensitive constitutional offices must consider not only their intentions but also how their statements may be perceived by the public.
He warned that comments made today could become relevant tomorrow if disputes involving the institutions discussed by the Chief Justice are brought before the courts.
Mr Domelevo therefore urged the Chief Justice to exercise restraint in public commentary on political and governance matters to safeguard both the actual independence of the Judiciary and the perception that judges are impartial.
He said maintaining public confidence requires judicial officers, particularly the head of the Judiciary, to avoid statements that could give litigants or the public reason to question the neutrality of the courts.
