This chapter outlines the reasons behind the appointment of foreign judges in the Commonwealth. It discusses the ways in which foreign judges are appointed to national courts in overseas dependent territories and in Commonwealth member states. It also discusses how foreign judges are appointed to ad hoc tribunals or on temporary assignments for sensitive political cases or impeachment processes. The chapter draws attention to some of the challenges and pitfalls encountered as well as the advantages in using foreign judges in national courts around the Commonwealth to enrich legal and judicial developments across the Commonwealth.

Judges are a symbol of a nation’s resolve to be governed under the rule of law. Where a country is unable to appoint judges from among its citizens, it may look to recruit judges from outside, in the confidence that irrespective of where judges are trained, they possess the requisite standards of professionalism, integrity, expertise and impartiality to engender, protect and promote the rule of law. Employing the technique of personal narrative as legal theorising, this chapter discusses my experiences as a judge in four Commonwealth jurisdictions – Ghana, The Gambia, Eswatini and the Turks and Caicos Islands – and outlines the political climate, the structure and functions of the judiciary, the challenges faced, and the benefits foreign judicial service bring to the jurisdictions in which they work. The chapter also suggests ways in which jurisdictions can ensure that expertise is effectively transferred in order to end their dependence on foreign judges.