The Minority in Parliament has called on the House to suspend the vetting of Justice Paul Baffoe-Bonnie as Chief Justice until all court cases challenging the removal of Justice Gertrude Torkornoo are concluded.
Minority Leader Alexander Afenyo-Markin urged Parliament to use its discretion under Order 5 of the Standing Orders to pause the vetting process, stressing that doing so would protect the integrity of the Constitution and prevent a possible crisis.
He explained that the Supreme Court, High Court, and ECOWAS Court were already handling several cases concerning the legality of Justice Torkornoo’s removal and that the courts could fast-track these cases if the State cooperated instead of delaying proceedings.
According to him, the Judiciary is not without leadership since Justice Baffoe-Bonnie continues to act as Chief Justice under Article 144(6) of the Constitution.
He argued that there would be no crisis if Parliament waited for the courts to finish their work, but a real crisis could occur if a new Chief Justice is confirmed and the courts later overturn the removal, leading to two people claiming the same office.
Mr. Afenyo-Markin said the President’s power to nominate a Chief Justice under Article 144(1) was not in question.
However, he stressed that Parliament’s power to approve nominees must be exercised with respect for the separation of powers, judicial independence, and the sub judice rule, which prevents actions that may influence ongoing court cases.
He warned against misinterpreting the recent Supreme Court ruling in Vincent Assafuah v Attorney-General as permission for Parliament to proceed.
He explained that the Court only refused to issue a temporary injunction on procedural grounds and did not rule that the removal of Justice Torkornoo was lawful.
The Minority Leader said the Assafuah ruling applied the Moffat principle, which discourages courts from stopping government work because of frivolous suits.
However, he noted that the decision was not meant to encourage constitutional bodies to act without caution while serious cases were still pending.
He stated that the Supreme Court’s reasoning balanced the need to maintain judicial integrity with ensuring that constitutional duties continue smoothly.
The ruling, he added, was never meant as a go-ahead for Parliament to act hastily.
Mr. Afenyo-Markin explained that the Court’s decision not to compel Parliament to stop its work was out of respect for the separation of powers, not because it believed Parliament should disregard the courts.
He clarified that the Minority’s appeal was not for the Judiciary to control Parliament but for Parliament to exercise its own constitutional conscience by choosing to wait until the courts deliver their judgments.
He added that the Supreme Court assumed that constitutional bodies like Parliament would act wisely and in good faith, not mechanically, when performing their duties.
Mr. Afenyo-Markin also referred to Article 64(2) of the Constitution, which allows certain presidential acts to stand even after a court invalidates an election to prevent chaos.
He cautioned, however, that this provision was never meant to encourage recklessness or to create irreversible constitutional problems.
He warned that if Parliament confirms Justice Baffoe-Bonnie while the courts are still handling challenges to Justice Torkornoo’s removal, Ghana could face a constitutional crisis involving two claimants to the office of Chief Justice.
He argued that such a development would damage the reputation of Parliament and undermine public confidence in the country’s democratic institutions.
The Minority Leader maintained that waiting for the courts to conclude the cases would demonstrate Parliament’s maturity, fairness, and commitment to constitutional principles.
He said taking a short pause would protect the rule of law and show that Parliament values legality over haste and principle over politics.
“The prudent path, the constitutional path, is to wait,” he emphasized.
By: Jacob Aggrey
