Judicial Restraint: Azar cautions Chief Justice over ‘past eight years’ comment
US-based Ghanaian legal scholar, Prof. Kwaku Azar, has cautioned the Chief Justice, Justice Paul Baffoe-Bonnie, to exercise political restraint following comments questioning Ghana’s performance over the past eight years.
The Chief Justice, during a working visit to the Minerals Income Investment Fund (MIIF) and the Social Security and National Insurance Trust (SSNIT) on Wednesday, September 2, 2026, commended current management of some state institutions.
“You have done marvelously well. Sometimes when we hear the things that you have done and the things that some organisations are doing now, we wonder what we have been doing in the past eight years,” the Chief Justice said.
He added: “If you compare that to the fact that not too long ago, SSNIT was preparing to sell its prized assets like Labadi Beach Hotel, you wonder how Ghana could have sunk so low.
“But in a write-up titled “THE BURDEN OF THE ROBE,” Prof. Azar said that while he understands the sentiment, the language is problematic.
According to him, the phrase “the past eight years” carries an unmistakable partisan meaning in Ghana’s political discourse and, coming from the head of the Judiciary, could easily be understood as an assessment of one administration relative to another.
“That is territory the head of the Judiciary should avoid,” Azar wrote.
He noted that judges do not cease to be citizens when they assume office, but the robe constrains their public speech, especially for the Chief Justice whose words carry institutional weight.
“We rightly insist that politicians respect judicial independence and stay out of the judicial arena. The obligation is reciprocal. Judges, particularly the Chief Justice, must also exercise the restraint necessary to stay out of the partisan political arena,” he stated.
Prof. Azar argued that the issue is not whether the observation is right or wrong, but about protecting the institution.
“There will be cases before our courts involving the acts and omissions of the previous government. There will be cases involving this government. No litigant should have reason to wonder whether the head of the Judiciary has formed a favorable or unfavorable view of any administration.
“He concluded that judicial independence requires political restraint from both sides, adding, “The higher the judicial office, the heavier the burden of restraint.”
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