Lawyer and Vice President of IMANI Africa, Kofi Bentil, says appointing a Chief Justice from outside the Supreme Court is possible, but would be an unlikely departure from established practice.
Speaking on Joy News’ PM Express on Wednesday, he described that prospect as a stretch. His priority, however, is a candidate who can command broad confidence in the judiciary.
“It’s a stretch. It’s never happened before. It’s a really wild stretch, but impossible is not the word to use there.”
His comments come as Chief Justice Paul Baffoe-Bonnie prepares to retire later this year, creating the need for a successor.
Asked by host Evans Mensah about the possibility of an outside appointment, Mr Bentil said the ideal choice would win support across the legal profession and the wider public.
“It would be nice if we can have somebody all of us agree. Lawyers, judges agree. This is the best person.”
He acknowledged that finding such a candidate would be difficult. But he argued that restoring confidence should be central to the choice, given the questions surrounding the judiciary.
Mr Bentil also cautioned that competence alone would not determine who becomes Chief Justice. Political considerations and the President’s comfort with a candidate would influence the decision.
“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 highly qualified.
“There can be no mistake, regardless of who is picked. They are all really fit.”
The choice could also carry significant political consequences. Mr Bentil said selecting a judge nearing retirement could give the President another opportunity to appoint a Chief Justice before leaving office.
He presented that as an option available to the President, rather than a prediction of what he would do.
For Mr Bentil, the appointment’s impact would extend beyond the bench. The person selected would influence public confidence in the entire justice system.
“I think the best thing would be someone who projects confidence in the judiciary.”
Despite his reservations about the role of politics, he 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.”