The Presidency has announced that President John Dramani Mahama has submitted the name of His Lordship Justice Paul Baffoe-Bonnie to the Council of State for consideration as Chief Justice.

In a statement issued on Tuesday, September 23, by the Spokesperson to the President, Minister of Government Communications and Member of Parliament (MP) for Abura-Asebu-Kwamankese, Felix Kwakye Fosu, he revealed that “President John Dramani Mahama has, in accordance with Article 144(1) of the 1992 Constitution, forwarded the name of His Lordship Justice Paul Baffoe-Bonnie to the Council of State for consideration as Chief Justice of the Republic of Ghana.”

Article 144(1) of the 1992 Constitution of Ghana outlines the process for appointing the Chief Justice, which states that, “The Chief Justice shall be appointed by the President acting in consultation with the Council of State and with the approval of Parliament.”

Accordingly, Justice Baffoe-Bonnie, who since April this year has been serving as Acting Chief Justice, is now being considered to take the role permanently. The Presidency cited virtues such as diligence and integrity as qualities that make him the best fit for the position, adding that “he has made invaluable contributions to the development of Ghanaian jurisprudence.”

“Justice Baffoe-Bonnie has, throughout his distinguished judicial career, served with diligence and integrity at the High Court, the Court of Appeal, and currently, the Supreme Court. He has earned the esteem of the Bench, the Bar, and the wider legal fraternity for his intellect, impartiality, and unwavering commitment to justice. His wealth of experience and long service on the Bench render him eminently qualified for the high office of Chief Justice. His Lordship has been serving as Acting Chief Justice since 22nd April 2025,” parts of the statement added.

This development comes after President John Dramani Mahama relieved the embattled Chief Justice, Gertrude Tokornoo, of her duties with immediate effect in a formal statement dated September 1. The statement, issued by the Presidency and signed by the Spokesperson to the President, Felix Kwakye Ofosu, indicated that her dismissal was in accordance with Article 146(9) of the 1992 Constitution. President Mahama had earlier suspended the Chief Justice on Tuesday, April 22, after a prima facie case was established following separate petitions calling for her removal.

The new development follows President Mahama’s receipt of recommendations from the committee probing petitions seeking the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo on Monday, September 1. The Presidency justified its decision to dismiss her, citing findings from the Article 146 Committee of Inquiry.

According to the statement, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office. “President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkonoo, from office with immediate effect. This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office. Under Article 146(9), the President is required to act in accordance with the committee's recommendation,” parts of the statement read.

The committee, chaired by Supreme Court Justice Gabriel Scott Pwamang, included Justice Samuel Kwame Adibu Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazwaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana.

In July, an application for review regarding an “abuse of court processes” by the embattled Chief Justice was dismissed by the Human Rights Division of the Accra High Court. The court, presided over by Justice Amoako on Thursday, July 31, noted that several claims, such as illegal composition of the committee and wrongful conduct of adversarial proceedings, were already before the Supreme Court. Justice Amoako argued that relitigating these issues would result in duplication of litigation and abuse of court processes. Consequently, the claims were dismissed.

The judge also dismissed reliefs such as an order of certiorari to quash the committee’s proceedings and nullify its sittings because the Chief Justice did not receive a fair hearing, citing jurisdictional limits.

The judicial review application, filed on June 9 this year, sought nine reliefs, including a series of declarations that the Article 146 committee probing her removal had acted unlawfully. She asked the court to prevent the committee from proceeding without providing her with authenticated copies of the petitions seeking her removal and the subsequent responses.

The Chief Justice argued that the President’s purported prima facie determination contained no reasons or justification and was entirely devoid of the elements of judicial or quasi-judicial reasoning expected under the Constitution. However, as the proceedings of the Article 146 committee are to be held in-camera in accordance with Article 146(8) of the Constitution, the court noted that it could not inquire into matters raised by the suspended Chief Justice.

In response, Justice Gertrude Torkornoo proceeded to the ECOWAS Community Court in Abuja, Nigeria, seeking $10 million in compensation over her suspension from office by President John Dramani Mahama. This formed part of the 10 reliefs she requested. Her latest suit followed several unsuccessful cases at the Supreme Court earlier this year after her suspension.

The suspended Chief Justice wanted the court to ensure she continues to enjoy the paraphernalia and entitlements of her office pending the determination of the case. Among the measures requested are: “That the Republic of Ghana suspend the disciplinary/removal from office as Chief Justice process against the Applicant, pending the hearing and determination of the complaint on the merits. That Ghana refrains from taking any other measures that may harm the rights claimed by the Applicant and/or aggravate or extend the dispute submitted to the Court, or compromise the implementation of any decision that the Court may render. Given the urgency of the situation, the Applicant respectfully requests the Court to hold a hearing on this request as soon as possible, and that the President of the Court ask Ghana to act to allow any order that the Court may issue on the Request for Assignment of Precautionary Measures to have its appropriate effect.”

Other reliefs sought include declarations that the panel constituted by the Government of Ghana to investigate and determine the allegations of misconduct was not independent and impartial, thereby violating her human right to a fair hearing under Article 7 of the African Charter on Human and Peoples’ Rights. She also argued that her suspension constituted a violation of her rights to fair working conditions, dignity, and professional standing, exposing her to immeasurable public ridicule. Additionally, she requested an order for the Government of Ghana to prescribe clear procedures for investigating misconduct allegations against a Chief Justice, as well as an order to restore her to office until the conclusion of constitutional proceedings. Finally, she sought $10 million in compensation for moral and reputational damages.

Meanwhile, the government’s spokesperson, Felix Kwakye Ofosu, has refuted Justice Torkornoo’s claims, maintaining that her suspension aligns with the Constitution. On Thursday, August 14, the Bar Council of England and Wales and the Commonwealth Lawyers Association 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 also the constitutional duties incumbent upon it. And afford the Chief Justice due and fair process in the investigation and determination of the disciplinary matters brought against her, including but not limited to full and transparent access to that process by her legal representatives,” the group demanded in a joint statement issued on August 14.

The groups also urged the government to ensure impartial investigations of the disciplinary charges, with her lawyers granted full and transparent access to the proceedings. They further demanded the establishment of clear procedural rules to guide the disciplinary process, including a definite timeframe for the committee to complete its work and communicate its decision.

In response, Attorney General Dr Dominic Ayine emphasised that his office can only intervene after the committee concludes its work and submits a report to President Mahama. “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 said.