Minority Mounts Pressure on Parliament to Halt Baffoe-Bonnie Vetting for CJ
Ghana’s Parliament has been asked to slam the brakes on the nomination of Acting Chief Justice Paul Baffoe-Bonnie (pictured), with six MPs filing a rare Private Members’ Motion that frames the controversy as a stress-test of the 1992 Constitution and the sub judice rule.
The motion asks the Speaker to suspend “forthwith” all vetting and plenary action until seven pending cases on the removal of Chief Justice Gertrude Torkornoo are determined or withdrawn.
The application—tabled under Standing Order 102(1)—leans heavily on Articles 125–127 (judicial independence), 144(1) (appointments), and 146 (removal of superior court judges). It also invokes Standing Orders 93(5) and 103(f), stressing the mandatory language that a motion “shall not be” pursued where a judicial decision is pending in a way that may prejudice the parties. “This House cannot prudently proceed as though these threshold questions are resolved,” one source told the Hard Law Journal.
According to the filing, litigation spans the ECOWAS Court (ECW/CCJ/APP/32/25) and Ghana’s Supreme and High Courts—each challenging, from different angles, the process that culminated in Justice Torkornoo’s removal on 1 September. Several cases, including actions by civil society and an MP, were lodged before the removal and remain pending on their merits.
The MPs warn that pressing ahead would “construct a constitutional edifice upon quicksand,” effectively hollowing out Article 2(1) rights by rendering any future Supreme Court declarations meaningless. They quote Standing Order 103(f)’s imperative framing—“shall not be”—as grounding for a pause.
The filing alleges a “pattern of bad faith,” noting the State’s failure to file defences or statements of case in multiple suits, including at the ECOWAS Court—forcing a motion for default judgment, which motion is awaiting determination. The MPs say such delays appear calibrated to “create irreversible facts before courts can pronounce” on the vacancy.
The motion also points to an “irredeemable conflict” for the Acting Chief Justice, who presided over a 3-2 interlocutory ruling that cleared the path for proceedings that ultimately placed him in the chair he is now nominated to occupy.
Beyond suspension, the sponsors want the Business Committee to reprogram the House’s schedule; the Appointments Committee to stand down any vetting; and the Attorney-General, summoned under Article 103, to brief MPs on jurisdictions seized, interim measures sought, reliefs prayed for, and Ghana’s treaty obligations. “Justice must not only be done, but must be seen to be done,” the source said, urging a brief, lawful pause in the name of constitutional prudence.
Applicants: Hon Anyimadu Antwi; Hon John Darko; Hon Gloria Owusu; Hon Damata Salam Ama Appianmaa; Hon Alhassan Sulemana Tampuli; Hon Kwabena Boateng.
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