With 2 Years To Retire, You Can Either Create Legacy or Coast to Retirement – Baffoe-Bonnie Told

Private legal practitioner Prof. Stephen Asare, popularly known as Kwaku Azar, says the nominated Chief Justice Paul Baffoe-Bonnie has two options at hand when he assumes the reins with his limited time service -either create a legacy or coast to retirement.

“At 68 years old, Justice Baffoe Bonnie has only two years before mandatory retirement. He faces a clear choice: create a legacy or coast to retirement.”

In a Facebook post, he argued that Justice Baffoe-Bonnie assumes office at a moment of crisis.

“Public trust in the judiciary is at an all-time low. Citizens see a system plagued by backlogs, arbitrary transfers, opaque empanelment practices, and troubling entanglements with the executive.”

He recommended 10 reforms in the judicial sector for the legacy. Below are the recommendations:

1. Abolish Long Legal Vacations: Replace lengthy court vacations with staggered leave, ensuring courts remain open and functional year-round.

2. Timelines for Case Progression: Work with the Rules of Court Committee to set clear timelines for different categories of cases. Justice should no longer be denied by delays.

3. Randomised Case Assignment & Transparent Transfers: Adopt a secure digital system that assigns cases to judges randomly, reducing perceptions of bias and enhancing fairness. Transfers and reassignments must follow transparent criteria like workload, expertise, or promotion, and be handled by court administrators with the CJ playing only a supervisory role.

4. Full Bench for Constitutional Cases: Mandate that all constitutional matters be decided by a nine-justice panel (the Wiredu Directive), empanelled automatically by software to protect legitimacy and consistency.

5. Reform Interlocutory Appeals: Adopt a “final judgment rule” to curb abuse of piecemeal appeals, balancing efficiency with protection of substantive rights.

6. Open Access to Legal Materials: Create a free, searchable, continuously updated database of case law, statutes, and regulations.

7. Plain-Language Justice: Require Supreme Court decisions to include concise, public-friendly summaries (no more than two pages).

Also mandate modern, simple English in pleadings and rulings. Replace archaic formulations with clear statements (e.g., replace “Save as hereinbefore expressly admitted the defendant denies each and every allegation of fact contained in the statement of claim as if same were hereinbefore set out and traversed seriatim” with “Except where specifically admitted, the defendant denies all other allegations”).

8. Performance Audits of Judges and Courts: Introduce periodic performance reviews of judges and court registries focused on case management, timeliness, and integrity. Publish results annually. Any regulations or practice directives issued by the Chief Justice must strictly comply with Article 159. Do not issue directives by fiat.

9. Technology-Driven Court Administration: Accelerate the modernisation of court infrastructure with e-filing, electronic service of process, and virtual hearings. Use technology to reduce backlogs and cut costs for litigants.

10. Ethics and Accountability Framework: Strengthen the Judicial Council and disciplinary mechanisms to swiftly address misconduct while safeguarding judicial independence. Institutionalise ongoing training on ethics, case management, human rights, technology, and complex financial crimes like looting. Judges must stay ahead of the curve.

Story by Hajara Fuseini

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