International corporate lawyer and entrepreneur Vicky Bright has described calls for Chief Justice Paul Baffoe-Bonnie to resign over his recent comments on the performance of state institutions as “a little bit excessive”.

Speaking on the JoyNews AM Show on Monday, September 7, Ms Bright said that while the Chief Justice’s remarks raised legitimate concerns about judicial restraint and the appearance of bias, they did not, based on the information available, automatically constitute misconduct warranting his removal from office.

The controversy follows comments made by Justice Baffoe-Bonnie during a visit to the Minerals Income Investment Fund (MIIF) on Wednesday, September 2.

The Chief Justice praised MIIF and other public institutions under the current administration and said some of the developments he had witnessed had left him wondering what Ghana had been doing over the previous eight years.

Ms Bright said the visit itself was not improper, noting that judicial ethics allowed judges, particularly those with administrative responsibilities, to interact with government officials.

“I don’t think the visit in itself was improper,” she said.

She, however, stressed that such engagements must not become partisan and should relate to the administration of justice rather than general government performance.

“They must not be partisan, and a subject should relate to the administration of justice and the courts, rather than general government performance,” she said.

Ms Bright said the Chief Justice, as head of the Judiciary, must exercise particular restraint because his public comments could create an appearance of political bias, even where there is no evidence of actual bias.

“The test is not really merely whether he intended to be partisan, but whether a responsible and informed person would perceive his remarks as partisan,” she said.

She nevertheless cautioned against treating the comments as an automatic basis for removal.

“I don’t think we should trivialise what happened, but I also don’t think we should exaggerate it into an automatic basis for removal,” she said.

Ms Bright said Articles 125 and 127 of the Constitution, which establish judicial independence, should be considered alongside Article 146, which provides the constitutional procedure for the removal of a Chief Justice.

“For me, my answer is no, on the present facts that we have, because Articles 125 and 127 of the Constitution establish judicial independence,” she said.

“But every careless or, maybe what you say, politically suggestive judicial remark should not automatically become a constitutional violation warranting removal of the Chief Justice under Article 146.”

She therefore disagreed with calls for Justice Baffoe-Bonnie’s immediate resignation.

“So, I think these calls for immediate resignation are a little bit excessive on the information presently available,” she said.

The Chief Justice’s remarks have triggered a wider debate over judicial neutrality, with the New Patriotic Party (NPP) calling for his resignation and members of the governing National Democratic Congress (NDC) rejecting the demand.

The Ghana Centre for Democratic Development (CDD-Ghana) has also urged the Chief Justice to exercise restraint and discretion in his public engagements.

The Judicial Service has defended the Chief Justice’s comments, saying they were made in good faith and were not intended to undermine judicial independence.

It said Justice Baffoe-Bonnie remains committed to “upholding the integrity and independence of the judiciary and the promotion of justice and equality before the law.”