BY Daniel Bampoe
The New Patriotic Party (NPP) has issued a strong-worded statement expressing deep concern over President John Dramani Mahama’s nomination of Justice Paul Baffoe-Bonnie as Chief Justice, warning that the move poses a grave threat to the constitutional order and judicial independence.
In a statement dated November 10, 2025, and signed by the party’s General Secretary, Justin Kodua Frimpong, the NPP described the nomination as “a dangerous departure from constitutional principles” and a deliberate attempt to undermine the judiciary while multiple court cases challenging the removal of the immediate past Chief Justice, Justice Gertrude Araba Esaaba Torkornoo, are still pending.
NPP Raises Constitutional Concerns
The NPP stated that its position is not motivated by political opposition but by its “solemn duty to defend the 1992 Constitution.”
It stressed that the government’s decision to push through the nomination despite unresolved legal challenges concerning Justice Torkornoo’s removal constitutes a direct violation of the democratic and constitutional framework.
“The events that led up to this nomination have caused a serious constitutional problem,” the party said, adding that seven substantive legal suits relating to Justice Torkornoo’s dismissal are currently pending before the Supreme Court of Ghana, the High Court, and the ECOWAS Court of Justice.
“These cases raise fundamental issues of due process, natural justice, and constitutional protection for judicial office holders,” the NPP noted.
“The Mahama administration’s decision to proceed with this nomination while these cases remain unheard is a pre-emptive assault on the judiciary and a breach of constitutional order.”
The statement emphasized that when the legality of a major government action is being challenged before competent courts, political authorities must exercise restraint until the judiciary concludes its work.
Conflict of Interest Allegations
The NPP further accused Justice Baffoe-Bonnie of being conflicted in the matter, citing his prior involvement in cases directly linked to the controversial removal of Justice Torkornoo.
According to the party, Justice Baffoe-Bonnie presided over interlocutory proceedings in the case of Assafuah v. Attorney-General, a matter central to determining the legitimacy of the Chief Justice’s office—an issue that directly affects his own elevation.
“The nominee was part of the Supreme Court majority that permitted the flawed removal process of the Chief Justice to proceed,” the NPP asserted.
This, the party said, violates the fundamental legal principle of nemo judex in causa sua — that no one should sit in judgment of their own cause.
“The appearance of conflict of interest is glaring and undermines public confidence in judicial neutrality,” the statement continued.
“His subsequent acceptance of the nomination, while the legality of the vacancy remains before the courts, shows disregard for the sub judice rule and the ethical standards expected of a judge.”
Criticism of Mahama Administration
Turning its attention to the government, the NPP accused President Mahama and his administration of using political power to manipulate constitutional processes for partisan advantage.
“The executive’s power to appoint high judicial officers must be guided by constitutional fidelity, not brute political force,” the statement read.
“Political majorities are temporary, but constitutional principles are eternal. Those enabling the subversion of our constitutional order will one day be held accountable — politically, legally, and historically.”
The party described Justice Baffoe-Bonnie’s acceptance of the nomination as “a disappointing lapse in judicial leadership.” It argued that at a time when the judiciary’s credibility is under strain, the acting Chief Justice should have demonstrated restraint instead of consenting to what it called “a politically contaminated process.”
“At a crucial moment when judicial independence demanded courage and principle, His Lordship chose acquiescence,” the NPP remarked. “The historical record will not absolve him.”
Background to the Dispute
Justice Gertrude Araba Esaaba Torkornoo, who served as Chief Justice until mid-2025, was controversially suspended and later dismissed by President Mahama.
The government justified her removal on administrative grounds, citing alleged breaches of judicial conduct and management procedures.
However, the decision sparked widespread public and institutional backlash. Legal experts, civil society organizations, and opposition politicians described her dismissal as unconstitutional and politically driven.
Justice Torkornoo subsequently filed multiple legal actions both locally and internationally — including one at the ECOWAS Court of Justice — seeking her reinstatement and compensation of $10 million in damages.
Her suspension opened the way for President Mahama to nominate Justice Paul Baffoe-Bonnie, a senior member of the Supreme Court, as Acting Chief Justice.
His nomination for confirmation as substantive Chief Justice has, however, reignited the controversy, with the Minority in Parliament also threatening to boycott his vetting.
NPP’s Call to Ghanaians
In its concluding remarks, the NPP called on all Ghanaians to stand up in defence of the Constitution and reject what it described as an orchestrated attack on the rule of law.
“The Constitution is the sacred covenant of the Ghanaian people,” the statement said. “We urge all citizens who value democracy and justice to join in defending it from political manipulation.”
Reaffirming its commitment to constitutional democracy, the party added: “The New Patriotic Party will not sit aloof as the foundations of our Republic are weakened. We remain the resolute guardian of the democratic and constitutional order.”
