GBA Condemns CJ Baffoe-Bonnie SOE Remarks: 'Inappropriate' for Judiciary

• The Ghana Bar Association (GBA) criticized Chief Justice Paul Baffoe-Bonnie for "inappropriate" comments about state-owned enterprises (SOEs).
• Chief Justice Baffoe-Bonnie praised current government SOEs and compared their performance unfavorably to the previous eight years during a visit to the MIIF on September 2.
• GBA President Efua Ghartey formally expressed the association's concerns on September 14, also criticizing the Judicial Secretary's "lacklustre" defense of the Chief Justice.
• The GBA affirmed its commitment to protecting judicial independence under the 1992 Constitution, while stressing the need for public officials to respect constitutional limits.
• The GBA referenced Matthew 12:34, noting a reluctance to interpret the Chief Justice's remarks as a reflection of underlying sentiment.

The protection of judicial independence must inherently be balanced with a steadfast respect for the constitutional boundaries that govern all public office holders.

The Ghana Bar Association (GBA) has publicly condemned remarks made by Chief Justice Paul Baffoe-Bonnie regarding state-owned enterprises (SOEs), labeling his comments as inappropriate. The controversy stems from statements delivered by Justice Baffoe-Bonnie on Wednesday, September 2, during an official visit to the Minerals Income Investment Fund (MIIF). During this engagement, the Chief Justice offered commendations for the MIIF and other public institutions operating under the current government.

His comments further included an observation that the progress he had witnessed led him to question the activities undertaken by Ghana over the preceding eight years. This direct comparison of performance between administrations, coming from the head of the judiciary, quickly drew the attention and subsequent rebuke of the legal fraternity. The GBA's swift response underscores its vigilance over the conduct of high-ranking public officials, particularly those entrusted with maintaining judicial impartiality.

The concerns of the Ghana Bar Association were formally articulated by its President, Efua Ghartey, on Monday, September 14. Speaking at the Ghana Bar Association Conference 2026/27, held in Ada under the theme “150 Years of Ghana’s Legal Evolution: Transforming the Profession and Driving its Future with Industry,” Ms. Ghartey highlighted the specific issues with the Chief Justice’s pronouncements. She emphasized that a commendation of a public institution, coupled with a comparison to the output of a previous government, was particularly troubling when emanating from an individual holding the esteemed position of Chief Justice of the Republic of Ghana.

While the GBA expressed a reluctance to interpret these remarks as indicative of any deeper sentiment, Ms. Ghartey pointed to the biblical adage from Matthew 12:34, which states, "Out of the abundance of the heart, the mouth speaketh." Furthermore, the GBA President extended her criticism to the Judicial Secretary’s subsequent attempt to explain or defend the Chief Justice’s statements. She characterized this defense as "lacklustre," asserting that it failed to adequately address the substantive concerns raised by the Bar.

Ms. Ghartey was careful to clarify that the GBA’s position should not be misconstrued as an effort to undermine the Judiciary or its constitutionally guaranteed independence. On the contrary, she affirmed the Bar’s unwavering commitment to safeguarding the independence of the Judiciary, a principle enshrined within the 1992 Constitution of Ghana. However, she issued a crucial caveat: the protection of judicial independence must inherently be balanced with a steadfast respect for the constitutional boundaries that govern all public office holders.

The GBA President specifically referenced Article 128(4) of the 1992 Constitution, which outlines the qualifications for appointment as a Justice of the Supreme Court, to underscore the Bar's dedication to fundamental principles. In doing so, she reiterated a vital reminder that while the Bar is resolute in its role to protect judicial autonomy, those entrusted with constitutional responsibilities are equally bound to operate strictly within the confines of their mandates as prescribed by the Constitution. This stance reinforces the GBA's role in ensuring accountability across all branches of government.

This development serves as a critical reminder to legal practitioners and compliance officers in Ghana about the Ghana Bar Association's proactive role in upholding the integrity and independence of the judiciary. The GBA's swift condemnation of the Chief Justice's remarks highlights the imperative for judicial impartiality, especially when public officials comment on political or governmental performance. Such scrutiny ensures that the judiciary remains perceived as an unbiased arbiter, free from political alignment or influence.

The incident underscores the profound importance of adherence to constitutional limits by all public office holders, including the Chief Justice. The GBA's intervention reinforces the principle that judicial pronouncements must be carefully weighed, as their perception and subsequent citation in legal practice are directly tied to the judiciary's perceived neutrality. Maintaining this delicate balance is crucial for public trust in the legal system and for the effective functioning of Ghana's democratic institutions.

This development reminds lawyers and compliance officers in Ghana of the Ghana Bar Association's active role in upholding judicial independence and scrutinizing the conduct of public office holders, including the Chief Justice. It underscores the importance of judicial impartiality and adherence to constitutional limits, which can influence how judicial pronouncements are perceived and cited in legal practice.

Source: Reporting by Carbonatix