Loyalty can outweigh competence in Chief Justice selection – Kofi Bentil

Lawyer and Vice President of Imani Africa, Kofi Bentil, spoke on Joy News' PM Express about the importance of loyalty in the selection of a Chief Justice. He highlighted that while competence is crucial, political considerations can play a significant role, especially when all candidates are equally qualified. "Competence is always important, but even in corporate life, above a certain level, the boss will pick somebody with sufficient competence and great loyalty," Bentil stated.

With Chief Justice Paul Baffoe-Bonnie set to retire in December 2026, the need for a successor arises. The Judicial Service has confirmed Baffoe-Bonnie's tenure ends in December. Bentil responded to questions from host Evans Mensah about whether competence should take precedence, given the judiciary's current challenges. He emphasized that at the highest level, it is not solely about competence.

"We can only wish that, but you have to understand the real politic. Look, at that level, it is not about competence." However, Bentil clarified that this did not imply the candidates were not capable. "There can be no mistake, regardless of who is picked. They are all really fit." According to Bentil, the President's comfort with a candidate could be the deciding factor.

"I think that to the extent that it is the president who picks, he will pick a choice that is comfortable for him." He also pointed out the political advantage of selecting a candidate whose tenure would be short before the President's departure. Such a choice could allow the President to make additional appointments during his term.

"It gets the power to pick at least two chief justices before he leaves," he noted. Bentil suggested this as a strategic option for the President, rather than predicting his choice. He stressed that the appointment should bolster public confidence in the judiciary. "I think the best thing would be someone who projects confidence in the judiciary."

Bentil's ideal candidate would be one whose suitability enjoys broad agreement among lawyers, judges, and the public. While finding such consensus might be challenging, he expressed confidence in the quality of 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."