Accra: The New Patriotic Party (NPP) Minority Caucus in Parliament has raised concerns over the appointment of Justice Paul Baffoe-Bonnie as Chief Justice. They warned that proceeding with the approval process while legal challenges to the removal of former Chief Justice Gertrude Torkornoo were pending could trigger a severe constitutional crisis.
According to Ghana News Agency, in a statement signed by Mr. Alexander Kwamena Afenyo-Marking, the Minority Leader, and copied to the agency, it was argued that "Parliament cannot lawfully fill the Chief Justice position when the existence of a valid vacancy is still under active judicial scrutiny."
The statement further elaborated that if Parliament were to approve the nominee, thereby implicitly affirming the removal's validity, and the Supreme Court subsequently declared the removal void ab initio, the constitutional crisis would be catastrophic. This would result in two individuals having claims to the office of Chief Justice, causing irreconcilable institutional determinations and a complete erosion of public confidence in the mutual respect among coordinate branches.
The statement highlighted seven ongoing court cases, including one at the ECOWAS Community Court of Justice and three at the Supreme Court, challenging the legality of Justice Torkornoo's removal. Concerns were also raised over Justice Baffoe-Bonnie's alleged conflict of interest, noting his role in presiding over the Supreme Court panel that refused to halt Justice Torkornoo's removal.
The Minority urged Parliament to defer the approval until all judicial proceedings were concluded, emphasizing that Justice Baffoe-Bonnie remained Acting Chief Justice under Article 144(6), ensuring continuity in judicial administration. The statement concluded by asserting that history would judge Parliament's actions when judicial independence was at stake, with the Minority choosing principle over convenience, law over politics, and restraint over haste.