By Grace Zigah
Former Attorney-General and former Special Prosecutor Martin A.B.K. Amidu has launched a blistering attack on Ghana’s judicial administration, alleging that Chief Justice Paul Kwadwo Baffoe-Bonnie has become a key instrument in President John Dramani Mahama’s attempt to reshape and influence the Judiciary.
In a lengthy analysis dated September 28, 2026, Amidu argues that developments surrounding the removal of former Chief Justice Gertrude Torkornoo, the subsequent elevation of Justice Baffoe-Bonnie and a series of interactions between the Judiciary and the Executive raise serious questions about judicial independence under the 1992 Constitution.
At the centre of Amidu’s criticism is a statement attributed to Chief Justice Baffoe-Bonnie during an engagement at the Minerals Income Investment Fund (MIIF) on September 2, 2026.
The Chief Justice reportedly described President Mahama as “the old man” and said: “The old man’s agenda is one that will benefit Ghana. We should do everything to ensure that he succeeds.” He further suggested that the President’s decision to appoint individuals to positions of responsibility reflected confidence in them and therefore called for efforts to ensure that the President’s agenda succeeded.
It is this statement that Amidu uses as the foundation for his broader argument that the Chief Justice may have crossed the traditional boundary separating the Judiciary from the Executive.
According to Amidu, a Chief Justice is expected to maintain institutional independence from the political Executive because the Judiciary is one of the three co-equal arms of government. He argues that an explicit expression of allegiance to the President could undermine public confidence in that separation of powers.
Torkornoo’s removal becomes central to the controversy
The controversy, according to Amidu, cannot be examined separately from the events that led to the removal of Justice Torkornoo.
Justice Torkornoo became Chief Justice after being appointed during the previous administration. Following the change of government in January 2025, petitions were submitted seeking her removal from office.
The first petition was submitted on February 14, 2025, with two additional petitions subsequently following. On March 25, the government announced that the three petitions had been forwarded to the Council of State under Article 146(6) of the Constitution.
The Council of State subsequently determined that a prima facie case existed and recommended her suspension pending investigations.
President Mahama suspended Justice Torkornoo on April 22, 2025, and established a five-member committee to investigate the allegations. Justice Gabriel Scott Pwamang chaired the committee.
Justice Baffoe-Bonnie, then the most senior Justice of the Supreme Court, became Acting Chief Justice by operation of law following Justice Torkornoo’s suspension.
Amidu argues that this arrangement created an unusual constitutional and ethical situation because the Acting Chief Justice was simultaneously in a position to become the substantive Chief Justice should the removal process succeed.
The Supreme Court battles
The former Attorney-General places particular emphasis on several applications brought before the Supreme Court challenging the proceedings against Justice Torkornoo.
On May 6, 2025, a five-member Supreme Court panel presided over by Justice Baffoe-Bonnie dismissed by a 3–2 majority an application seeking to stop the removal proceedings.
Another application in the case of Theodore Kofi Atta-Quartey v Attorney-General was dismissed by a 4–1 majority on May 20.
A further application brought by the Centre for Citizenship, Constitutional and Electoral Systems was dismissed by a 4–1 majority on May 21.
Justice Torkornoo herself subsequently challenged the removal process, her suspension and aspects of the investigation. On May 28, 2025, the Supreme Court unanimously dismissed her application for an interim injunction, allowing the investigation to proceed.
Amidu contrasts these decisions with earlier constitutional cases in which Chief Justices who were directly affected by litigation involving their office reportedly avoided presiding over the cases in order to protect the appearance of neutrality.
He therefore questions whether Justice Baffoe-Bonnie, given his potential interest in succeeding Justice Torkornoo, should have participated in the proceedings in the manner he did.
From Acting Chief Justice to substantive Chief Justice
The political and institutional significance of the developments increased when President Mahama subsequently nominated Justice Baffoe-Bonnie to become substantive Chief Justice.
According to the document, Justice Baffoe-Bonnie was formally nominated on September 23, 2025, following Justice Torkornoo’s removal on September 1.
He was sworn into office as Chief Justice on November 17, 2025.
In his acceptance speech, Justice Baffoe-Bonnie pledged to uphold the rule of law, respect the separation of powers and protect the independence of judges from improper influence.
But Amidu argues that the Chief Justice’s subsequent conduct raises questions about how that commitment has translated into practice.
A Judiciary increasingly engaging the Executive
One of the major themes running through Mr Amidu’s analysis is the number of meetings and engagements between Chief Justice Baffoe-Bonnie and officials of the Executive.
The paper cites meetings with the National Petroleum Authority, the Ghana Prisons Service, the Ministry of Education, the Vice-President and the Ministry of Finance, among others.
For example, on July 14, 2025, the Chief Executive Officer of the National Petroleum Authority met the Acting Chief Justice to discuss the possibility of establishing a dedicated Petroleum Court to deal with fraud cases in the downstream petroleum sector.
The Acting Chief Justice reportedly expressed support for the proposal, arguing that specialised courts could facilitate faster criminal prosecutions and deterrence.
Amidu also raises questions about a July 29, 2025 visit by Mrs Patience Baffoe-Bonnie, who had been appointed Director-General of the Ghana Prisons Service by President Mahama, to the chambers of her husband, who was then Acting Chief Justice.
According to the document, the visit was publicly presented as an engagement concerning collaboration between the Prisons Service and Judiciary.
Amidu, however, describes the encounter as raising questions about institutional boundaries and potential conflicts of interest.
The ‘reset’ agenda
Amidu also connects Justice Baffoe-Bonnie’s tenure to President Mahama’s proposed judicial reforms.
On March 27, 2025, President Mahama met the leadership of the Ghana Bar Association and spoke about judicial reforms, including specialised fast-track courts intended to tackle corruption, improve accountability and speed up legal proceedings.
Following Justice Torkornoo’s suspension, President Mahama nominated seven new Supreme Court justices on April 29, 2025. They were subsequently approved by Parliament and sworn into office on July 3.
The Chief Justice later became involved in proposals for specialised courts dealing with areas including illegal mining, corruption, public accountability, asset recovery, organised crime, narcotics and cybercrime.
On February 5, 2026, a judicial circular formally established a new Specialised High Court Division to handle matters described as being of critical national interest.
The government subsequently pursued legislation concerning tribunals. According to Amidu, the Tribunals Bill was laid before Parliament on July 6, 2026, passed on July 16 and assented to by President Mahama on August 29, becoming the Tribunals Act, 2026 (Act 1181).
Political cases deepen the debate
The analysis also refers to recent criminal cases involving individuals associated with the political opposition.
Amidu points to the July 2026 conviction of Bernard Antwi Boasiako, popularly known as Chairman Wontumi, by a High Court. He notes that Boasiako, an Ashanti Regional Chairman of the NPP, received a 20-year sentence and that the case is currently on appeal.
The former Attorney-General characterises the conviction as raising questions about possible political targeting, although that interpretation is his own assessment and is not established in the document as a judicial finding.
Amidu juxtaposes the case with the subsequent acquittal of former MASLOC boss Sedina Christine Tamakloe Attionu by the Court of Appeal on July 30, 2026. The Attorney-General subsequently filed a notice of stay of execution and an appeal.
The family connection
Another significant element of Amidu’s argument concerns the historical relationship between the Baffoe-Bonnie family and President Mahama.
He points to Justice Baffoe-Bonnie’s late elder brother, Kwasi Sainti Baffoe-Bonnie, who served as a political adviser to then Vice-President John Mahama and remained associated with him politically.
Amidu also refers to the family’s connection to Radio Gold and the appointment of Eugene Baffoe-Bonnie, a relative of Justice Baffoe-Bonnie, as chairman of the National Communications Authority during the Mahama administration.
He argues that these historical relationships provide important context for understanding the controversy surrounding the current Chief Justice’s relationship with the President.
Justice Baffoe-Bonnie rejects the idea of political alignment
In his parliamentary vetting, Justice Baffoe-Bonnie presented his career as evidence that he had served under different political administrations.
He cited his appointment as a Circuit Court judge under the Rawlings administration, his elevation to the High Court during the Rawlings-Mills era, his promotion to the Court of Appeal and Supreme Court under President Kufuor, and his subsequent nomination as Chief Justice under President Mahama.
He argued that this career history demonstrated that he crossed political boundaries rather than belonging to one political tradition.
Amidu disputes that interpretation, contending that the circumstances surrounding those appointments and his relationship with President Mahama require a deeper examination.
The constitutional question
At the heart of the controversy is Ghana’s constitutional doctrine of separation of powers.
The Constitution establishes the Executive, Legislature and Judiciary as distinct institutions, with the Judiciary entrusted with adjudicating disputes and protecting constitutional rights.
Amidu warns that the danger arises when institutional independence becomes weakened by political relationships or perceived dependence.
He argues that the appointment process itself can create vulnerabilities because the President nominates the Chief Justice in consultation with the Council of State, while Parliament must approve the nomination.
His concern is therefore not limited to Justice Baffoe-Bonnie personally. He argues that the broader system of appointing and replacing Chief Justices can potentially enable successive governments to exert influence over the Judiciary.
The explosive final warning
Amidu’s strongest criticism comes in his conclusion, where he argues that Ghana risks progressively weakening the constitutional separation of powers if political governments are able to influence the Judiciary through appointments and administrative arrangements.
He contends that President Mahama’s judicial reform programme could ultimately make the Judiciary excessively dependent on the Executive, a claim that represents Amidu’s interpretation rather than an established constitutional finding.
He also points to the fact that Justice Baffoe-Bonnie is due to retire on December 26, 2026, meaning his tenure as Chief Justice will be relatively short.
