The President of the Ghana Bar Association (GBA), Efua Ghartey, has cited a biblical admonition to express the Bar’s disappointment over remarks attributed to Chief Justice Paul Baffoe-Bonnie regarding state-owned enterprises.
Mrs. Ghartey said while the Bar was reluctant to read any deeper meaning into the Chief Justice’s comments, the remarks had nonetheless sparked concern within the legal profession.
“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 criticised a statement issued by the Judicial Service in an apparent effort to clarify or defend the Chief Justice’s comments.
She said the explanation failed to adequately address the concerns raised by the Ghana Bar Association.
“Respectfully, the Judicial Secretary’s attempted defence of the Chief Justice was, at best, lacklustre,” she said.
She stressed that the GBA’s position should not be interpreted as an attempt to undermine the Judiciary or compromise its independence.
Rather, she reaffirmed the Bar’s commitment to safeguarding the independence of the Judiciary, as guaranteed by the 1992 Constitution.
Mrs Ghartey, however, cautioned that safeguarding judicial independence must be balanced with respect for the constitutional boundaries governing public office holders.
She cited Article 128(4) of the 1992 Constitution, which guarantees the independence of the Judiciary, and reaffirmed the GBA’s commitment to upholding that principle.
“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.
Mrs Ghartey stressed that holders of constitutional offices must operate within the limits of their respective mandates.
She said protecting judicial independence does not shield constitutional office holders from scrutiny or absolve them of the responsibility to conduct themselves within the boundaries of their offices.