Speaker of Parliament, Alban Bagbin, has dismissed a motion presented by the Minority caucus calling for a halt in the vetting of Acting Chief Justice, Paul Baffoe-Bonnie.

According to the Speaker, granting such a request by the Minority would create a dangerous precedent, explaining that “any litigant could hold Parliament hostage, that is, file a case and freeze the work of Parliament and its committees.”

He ruled that “there is no constitutional or standing order basis for Parliament to halt the process simply because there are pending cases in court. The motion is inadmissible and has been returned to the sponsor, the Minority Leader, Honorable Alexander Afenyo-Markin, as stated clearly by our Standing Orders.”

Speaking on the floor of Parliament on Friday, November 7, the Minority Leader, Alexander Kwamena Afenyo-Markin, argued that it would be inappropriate to proceed with the vetting while former Chief Justice, Gertrude Torkornoo, awaits the verdict on her lawsuit presented to the court.

In October, Gertrude Torkornoo initiated a legal action seeking to prevent the vetting and appointment of Justice Baffoe-Bonnie as Ghana’s next Chief Justice. She is asking the court to nullify all activities carried out by the Justice Gabriel Scott Pwamang Committee, which was set up under Article 146 to review petitions seeking her removal from office.

She further wants the court to overturn all proceedings undertaken by the Committee and to declare the Presidential Warrant authorising her dismissal as unlawful and without legal effect. Her legal challenge came at a time when Parliament’s Appointments Committee was preparing to vet Justice Baffoe-Bonnie for the top judicial position.

Addressing the floor on Friday, November 7, Afenyo-Markin emphasised that commencing the vetting of the Acting Chief Justice would breach judicial propriety. According to him, given the ongoing disputes over the revocation of the former Chief Justice’s appointment, proceeding with the vetting process could undermine Articles 125 and 127 of the Constitution.

“Proceeding to vet a new person to fill that office will be rendering the application of justice. We are not into blows; we are here to argue law and for you to determine. This kind of attack, ‘it will happen, it will happen,’ is inappropriate. They should take it easy,” Afenyo-Markin said.

Article 125 vests judicial power solely in the courts, not in Parliament or the Executive. Article 127, on the other hand, requires all other state institutions to refrain from interfering with the Judiciary’s work and to protect its independence.

The lawsuit follows Chief Justice Torkornoo’s dismissal from office on September 1, 2025, by President John Mahama, after a constitutionally mandated committee found her guilty of misconduct and stated misbehaviour under Article 146.

The investigation, carried out in consultation with the Council of State, concluded that Justice Torkornoo had violated constitutional requirements, including the misuse of public funds, and therefore recommended her removal.

Justice Baffoe-Bonnie has been serving as Acting Chief Justice since April 22, 2025, following Torkornoo’s suspension. He was later nominated by the President in September to assume the substantive position.

His nomination aligns with Article 144(6) of the 1992 Constitution, which provides that:“Where the office of Chief Justice is vacant, or where the Chief Justice is for any reason unable to perform the functions of his office—(a) until a person has been appointed to, and has assumed the functions of, that office; or (b) until the person holding that office has resumed the functions of that office; as the case may be, those functions shall be performed by the most senior of the Justices of the Supreme Court.”

Appointed to the nation’s highest court in June 2008 by former President John Agyekum Kufuor, Justice Baffoe-Bonnie has served for over a decade, earning distinction as a seasoned judicial figure and now stepping into a critical leadership role during a sensitive period for the judiciary.

The change in leadership came after President John Dramani Mahama ordered the suspension of Chief Justice Gertrude Torkornoo following the submission of multiple petitions against her, prompting a formal inquiry into her conduct.

A statement signed by the Minister of Government Communications, Felix Kwakye Ofosu, and released on Tuesday, April 22, explained that the President’s decision was based on advice from the Council of State, in accordance with Article 146(6) of the Constitution.

The statement noted that: “There is a prima facie case for the Chief Justice to respond to.”

Following the development, a five-member committee was formed to assess the allegations contained in the petitions. The committee was chaired by Justice Gabriel Scott Pwamang of the Supreme Court, with members including Justice Samuel Kwame Adibu-Asiedu, Daniel Yaw Domelevo (former Auditor-General), Major Flora Bazwaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana.

The committee was tasked with conducting a thorough review to determine the merit of the claims and recommend appropriate action in line with constitutional procedures.

The five-member committee, backed by Article 146, concluded its investigations last month and recommended the Chief Justice’s removal from office. Acting on the committee’s recommendations, President Mahama relieved Justice Gertrude Torkornoo of her duties with immediate effect on Monday, September 1.

The Chief Justice was earlier suspended by President Mahama on Tuesday, April 22, after a prima facie case was established following multiple petitions calling for her removal.

Among the petitions was one filed by a group known as Shining Stars of Ghana, alleging that she violated Article 144 of the Constitution by personally recommending judges for promotion to the Supreme Court. The group also claimed she ruled on a case involving the Speaker of Parliament without granting him a hearing, despite his refusal to respond to the suit.

Another petition from a police officer who is also a lawyer accused the Chief Justice of manipulating evidence and abusing her authority during a Supreme Court session where he was reportedly reprimanded, arrested, and detained.

Court records, however, show that the lawyer’s conduct during proceedings prompted a unanimous caution from the bench, not just from the Chief Justice.

A third petition, submitted by a private individual, listed 21 alleged misconducts and four claims of incompetence, including the misuse of public funds — specifically, spending over GH¢261,000 and $30,000 on a family trip abroad in 2023 and misusing an additional GH¢75,580 and $14,000 during another foreign assignment without proper accountability.

Subsequent reports indicate that two more petitions were later filed, intensifying pressure on the judiciary.

Chief Justice Gertrude Torkornoo, in her written response to President Mahama, strongly denied allegations of misconduct and abuse of office, describing them as baseless and lacking grounds for her removal.

In July, an application for review filed by the embattled Chief Justice at the Human Rights Division of the Accra High Court was dismissed. The court, presided over by Justice Amoako on Thursday, July 31, ruled that several claims—such as the illegal composition of the committee and wrongful conduct of proceedings—were already before the Supreme Court.

Justice Amoako stated that relitigating these issues would result in duplication and abuse of court processes, and therefore dismissed the case.

The Chief Justice’s judicial review application, filed on June 9, sought nine reliefs, including declarations that the Article 146 committee acted unlawfully and violated her right to a fair hearing.

As the Article 146 committee’s proceedings are held in camera in accordance with Article 146(8) of the Constitution, the court noted it could not inquire into certain matters raised by the suspended Chief Justice.

Following these developments, Justice Gertrude Torkornoo proceeded to the ECOWAS Community Court in Abuja, Nigeria, seeking $10 million in compensation over her suspension.

Her application includes 10 reliefs, among them a request for precautionary measures ensuring she continues to enjoy the entitlements of her office pending final determination of the case.

Meanwhile, government spokesperson Felix Kwakye Ofosu has refuted Justice Torkornoo’s claims, insisting that her suspension aligns with the Constitution.

On Thursday, August 14, the Bar Council of England and Wales and the Commonwealth Lawyers Association jointly called for the immediate reinstatement of Ghana’s Chief Justice by President Mahama and the Executive arm of government.

“Immediately and without delay, reinstate the Chief Justice of Ghana to her office, consistent with both the hitherto strong attachment to the rule of law demonstrated by Ghana and the constitutional duties incumbent upon them,” the statement said.

The groups further urged a fair and transparent investigation into the disciplinary charges against her and the establishment of clear procedural rules with a definite timeframe for the committee’s work.

However, Attorney General Dr. Dominic Ayine has emphasised that his office can only act after the committee concludes its work and submits its report to the President. “The suspension will, therefore, remain in effect until the inquiry committee completes its work and submits its report, to which His Excellency the President will adhere,” he stated.