By Daniel Bampoe
The Minority in Parliament has filed a Private Members’ Motion seeking to halt all parliamentary proceedings related to the nomination and vetting of Acting Chief Justice Paul Baffoe-Bonnie.
The motion argues that it would be unconstitutional and improper for Parliament to proceed while several legal cases challenging the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo are still pending before the courts.
Background
This latest development follows months of legal and political tension surrounding President John Dramani Mahama’s controversial decision in September 2025 to remove Chief Justice Gertrude Torkornoo from office.
The move sparked widespread criticism from opposition parties, legal experts, and civil society groups, who described it as an encroachment on judicial independence and a potential breach of Article 146 of the 1992 Constitution, which outlines the procedure for the removal of superior court judges.
Justice Paul Baffoe-Bonnie, who was appointed as Acting Chief Justice following Torkornoo’s removal, was subsequently nominated by President Mahama for substantive confirmation.
However, the Minority insists that the vetting process must be suspended until all court cases questioning the legality of Torkornoo’s removal have been conclusively determined.
The Motion and Its Legal Basis
The Minority’s motion draws on constitutional provisions including Articles 110(1), 125–127, 144(1), and 146 of the 1992 Constitution, as well as Standing Orders 93(5) and 103(f) of Parliament.
These provisions collectively emphasize the separation of powers, judicial independence, and Parliament’s duty to avoid deliberating on matters sub judice — those currently before a court of law.
According to the motion, allowing the Appointments Committee to proceed with vetting Justice Baffoe-Bonnie while these cases are pending could undermine constitutional due process and jeopardize future judicial decisions.
The MPs warn that Parliament risks “constructing a constitutional edifice upon quicksand” if it continues without awaiting the courts’ final rulings.
Pending Legal Actions in Multiple Courts
Attached documents indicate that at least seven active suits are currently before the ECOWAS Court of Justice, Ghana’s Supreme Court, and the High Court.
One of the major cases, numbered ECW/CCJ/APP/32/25, has been filed at the ECOWAS Court, challenging the legality of the Chief Justice’s removal and alleging violations of judicial independence under both Ghanaian and regional law.
Some of these cases were lodged before Justice Torkornoo’s removal took effect on September 1, 2025.
Lawyers involved in the litigation argue that until these matters are fully resolved, the office of the Chief Justice cannot legally be declared vacant, and any appointment made in the interim could be rendered null and void by future court rulings.
Attorney-General Accused of Stalling Litigation
The Minority’s motion also targets the Attorney-General and Minister for Justice, Dr. Dominic Ayine, accusing his office of deliberately delaying proceedings by failing to file responses or statements of case in several of the pending suits.
The MPs allege that these delays are part of a calculated strategy to “create irreversible facts on the ground” before the courts issue their judgments.
The motion therefore calls for the Attorney-General to appear before Parliament to brief the House on the full status of all ongoing litigation related to Chief Justice Torkornoo’s removal.
The Minority seeks details on the number of cases filed, interim injunctions granted, the reliefs sought by the plaintiffs, and the potential legal consequences of proceeding with the appointment amidst unresolved court actions.
Conflict of Interest Allegations
In a further twist, the Minority motion also raises ethical concerns about Justice Paul Baffoe-Bonnie’s role in earlier proceedings connected to Torkornoo’s removal. It points out that he sat on a five-member Supreme Court panel that issued a 3–2 ruling clearing the way for her removal — a decision that paved the way for his own elevation to the position of Acting Chief Justice.
The MPs argue that this creates an “irredeemable conflict of interest” and makes his nomination for substantive appointment inappropriate until the underlying legal disputes have been fully adjudicated.
Demands Before Parliament
The six MPs — Anyimadu Antwi, John Darko, Gloria Owusu, Damata Salam Ama Appianmaa, Alhassan Sulemana Tampuli, and Kwabena Boateng — have outlined several key demands in their motion. They want:
1. The Business Committee to suspend any scheduling related to Baffoe-Bonnie’s nomination;
2. The Appointments Committee to halt all vetting and reporting activities; and
3. The Attorney-General to brief Parliament on all pending cases, interim measures, and Ghana’s obligations under international and regional legal frameworks
The MPs maintain that their action is not an attempt to obstruct government business but a constitutional safeguard to protect judicial independence and the rule of law.
“Justice must not only be done but must be seen to be done,” one MP stated, calling for a “measured pause in the national interest.”
