Former Auditor-General Daniel Yaw Domelevo has urged Chief Justice Paul Baffoe-Bonnie to refrain from commenting on political matters that could potentially become the subject of litigation, warning that such pronouncements could create a perception of bias against the Judiciary.

Mr Domelevo said holders of sensitive constitutional offices, particularly those within the Judiciary, must exercise caution in their public pronouncements to protect confidence in the neutrality and independence of the courts.

He said this was particularly important when commenting on the performance or conduct of public institutions that could later become parties to legal disputes.

Speaking on Channel One TV on Saturday, September 5, Mr Domelevo said the Chief Justice might have intended his recent engagements with state institutions to encourage better performance and cooperation, but some of his comments could create concerns about judicial impartiality.

“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.

Mr Domelevo said a Chief Justice’s public comments about the conduct or performance of an institution could become problematic if cases involving that institution subsequently came before the courts.

“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 said.

Background to the controversy

Mr Domelevo’s comments follow remarks made by Chief Justice Baffoe-Bonnie during visits to the Social Security and National Insurance Trust (SSNIT) and the Minerals Income Investment Fund (MIIF) on Wednesday, September 2.

During his visit to MIIF, the Chief Justice praised what he described as the improved performance of the institution and other state entities under the current administration.

He said the developments he had witnessed had left him wondering what Ghana had been doing over the previous eight years.

“Sometimes when we hear how well some state organisations are doing now, we wonder what we really have been doing in the past eight years,” the Chief Justice said.

At SSNIT, he also contrasted the institution’s current performance with its previous consideration of selling some of its assets, including Labadi Pleasure Beach.

The remarks have since attracted criticism, with the Ghana Centre for Democratic Development (CDD-Ghana) also urging the Chief Justice to exercise restraint and discretion in his public engagements to safeguard the credibility and perceived impartiality of the Judiciary.

The New Patriotic Party has similarly criticised what it described as partisan conduct by the Chief Justice, arguing that the head of the Judiciary must be seen to remain politically neutral, particularly when politically sensitive cases are before the courts.

Mr Domelevo’s intervention adds to the growing debate over the extent to which the Chief Justice should comment publicly on matters with political or potentially legal implications.