Lawyer and Vice-President of IMANI Africa, Kofi Bentil, says appointing Chief Justices close to retirement could give President John Mahama immense power by allowing him to choose successive heads of the judiciary.
Speaking on JoyNews’ PM Express on Wednesday, he said the remaining years of potential appointees could become a political consideration.
“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 that this was a possibility, rather than a claim about the President’s intentions.
“I said, if he wants, okay. The reason is simple. It will give him immense power.”
He explained that choosing judges with short periods left in office could allow President Mahama to appoint at least two Chief Justices before leaving office.
The succession question comes as Chief Justice Paul Baffoe-Bonnie approaches retirement later this year. His departure will require another appointment to lead the judiciary.
Mr Bentil said competence remained essential. But he argued that it was unlikely to be the only consideration when choosing a Chief Justice.
“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 the judges under consideration were qualified for the position. “There can be no mistake, regardless of who is picked. They are all really fit.”
The decisive issue, he suggested, could be the President’s comfort with a candidate.
“I think that to the extent that it is the president who picks, he will pick a choice that is comfortable for him.”
For Bentil, however, the appointment should help rebuild public confidence following the turmoil surrounding the judiciary.
“I think the best thing would be someone who projects confidence in the judiciary.”
He acknowledged that no candidate would satisfy everyone. Still, he wanted a choice that could command broad acceptance among judges, lawyers and the public.
Despite his concerns about political considerations, Mr Kofi Bentil expressed confidence in the available candidates.
“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.”