The Chief Justice nominee, Paul Baffoe-Bonnie, has suggested that Ghana’s presidential elections should be held in November instead of December.
According to him, the experience from the 2013 and 2020 presidential election petitions has brought to bear the need to hold the polls early, to allow about 57 days to deal with suits that may challenge the results.
The 2013 presidential election petition lasted eight months in the Supreme Court, but thanks to the subsequent reforms, 42 days were used for the 2020 presidential election petition.
Appearing before the Appointments Committee of Parliament for his vetting for the Chief Justice role, Justice Baffoe-Bonnie said though the 42-day period set for the election petition was good, the case concluded after the swearing in of the president, whose legitimacy was being contested.
“So, at most of these forums or fora, where we discussed the elections in Ghana, we came to the conclusion that it should be possible to have the election petition concluded before the 7th of January, the inauguration day,” Justice Baffoe-Bonnie noted.
He continued that, “And the first suggestion that came, which we think was a masterstroke, was that we should have the elections on the 7th or the 8th of November. If we have the elections on the 7th or the 8th of November, by the 10th the results would have been declared.
If we have the results declared on the 10th of November, we have 20 more days before even November ends.
Then 31 days of December, then 6 days of January, making a total of 57 days. Assuming we want to stick to even the 42-day window provided by C.I. 99 we can have the election petition filed, responded to and everything tried within the 42, days because we have 57 days.”
ELECTION DATE
The 1992 Constitution is silent on a specific date for presidential and parliamentary elections, except that Article 66 (1) and (2) limits the term in office to two four-year terms and a Parliament that lasts for only four years.
The constitution in Article 63 (2) gives a time frame – that a presidential election shall be held and the four-year term to begin “not earlier than four months nor later than one month, before the term of office expires.
In 2016, a bill was proposed to move the general election date from December 7 to the first Monday of November, but it was rejected because it failed to get the required number of votes.
At the time, there was a consensus that the December 7 date was not ideal, as it left little room for a transition period to January 7 – if a run-off election was needed.
The Jean Mensah-led Electoral Commission in January 2024, at an Inter-Party Advisory Committee (IPAC), announced that the Commission was considering a change in the date for the 2024 general elections from December 7 to November 7, 2024 but that did not materialise.
COMPETENCE
The Acting Chief Justice outlined his vision for the judiciary of Ghana, stressing that his 17 years’ experience at the Supreme Court positions him as the ideal person for the job.
According to him, the judiciary of Ghana stands at a defining moment of a growing demand for justice that is not only delivered but deeply felt.
He was aware that if approved by Parliament, the nation “will look to me not merely to preserve the judiciary’s legacy but to renew it.”
Justice Baffoe-Bonnie, who appeared well composed and confident in his expertise, told the Appointments Committee that a nation needs a judiciary that does not merely interpret the law but elevates the nation’s conscience.
He beseeched Parliament for their guidance and cooperation from all stakeholders, and “I pledge to restore confidence in our judiciary and leave it stronger than I found it.
“If I am endorsed by you, I pledge to lead an era of greater transparency, efficiency, and accessibility in our judiciary.”
REWARD
Justice Paul Baffoe-Bonnie disagreed with a supposed public perception that his nomination was a thank you from President Mahama for voting for him in during the 2013 election petition.
In his answer to the question by the Member of Parliament for South Dayi, Rockson-Nelson Dafeamakpor, Justice Baffoe-Bonnie indicated that he would be surprised that his long-term service and expertise would be overlooked in nominating him, but rather because of his stance on the landmark case.
EMPANELLING
There was a question whether he would consider electronic empanelling of judges handling cases. He did not oppose the idea in his answer, but rather informed the committee that Artificial Intelligence could even be of tremendous help in empanelling judges digitally.
WALK OUT
Meanwhile, only the Majority side vetted the CJ nominee as the Minority staged a walk out after registering their protest against the process.
If approved by Parliament and sworn in by the President, Justice Paul Baffoe-Bonnie, born in December 1956, would serve as the Chief Justice for a little over a year. He is about a year from retiring from active service.
