The Minority in Parliament has defended its decision to boycott the vetting of Justice Paul Baffoe-Bonnie for the position of Chief Justice, describing the process as unconstitutional and ill-timed.
In a detailed 26-page statement signed by Minority Leader, Alexander Afenyo-Markin, the Caucus said it could not, in good conscience, participate in a process that undermines the rule of law and the independence of the Judiciary.
The group argued that Parliament’s Appointments Committee should have suspended the vetting until several pending legal cases challenging the removal of former Chief Justice Gertrude Sackey Torkornoo are determined.
Read also:
- Speaker Bagbin Urges Swift Appointment of Substantive Defence Minister Amidst Tragedy
- PUG Chancellor Urges Graduates to Embody Integrity and Social Responsibility
- Ghanaian Swimming Star Abeku Jackson Makes History as Africa Aquatics Vice Chair
- Kumasi Stampede: Five Collapse at Military Recruitment Exercise Amidst Deadly Accra Tragedy
- Man Seriously Injured in Tema-Mpakadan Train Accident
“Can Parliament properly proceed to vet and approve a nominee for Chief Justice while the lawfulness of the very vacancy being filled remains under active judicial determination?” the statement queried.
According to the Minority, there are seven ongoing court cases — before the ECOWAS Court, the Supreme Court, and the High Court of Ghana — all contesting the legality of Justice Torkornoo’s removal. Proceeding with the vetting, the group warned, could lead to a constitutional crisis if the courts later rule that her removal was unlawful.
The Caucus accused the Attorney-General of failing to file defences in any of the cases, describing it as a deliberate attempt to delay judicial proceedings while rushing through a political process to confirm a new Chief Justice.
Quoting Standing Orders 103(f) and 123(1) of Parliament, which prohibit discussions on matters that are before the courts, the Minority said Parliament’s decision to go ahead with the vetting breached the sub judice rule and eroded public trust in the legislative arm of government.
The statement cited precedents set by former Speakers Peter Ala Adjetey, Edward Doe Adjaho, and Bernard Ahiafor, who all ruled that Parliament must “stay its hand” when matters under consideration are pending before the courts.
The Minority also raised concerns about a conflict of interest involving Justice Baffoe-Bonnie, noting that he presided over a Supreme Court panel that refused to halt Justice Torkornoo’s removal and now stands to benefit from that process.
“This conflict is not curable by good faith. Proceeding with confirmation under these conditions would violate constitutional fairness and damage public confidence in the Judiciary,” the statement said.
Mr. Afenyo-Markin emphasized that the boycott was not meant to paralyze Parliament or challenge the President’s authority to nominate, but to uphold constitutional propriety and judicial independence.
“History will ask what Parliament did when judicial independence was at stake. Let it be recorded that the Minority chose principle over convenience, law over politics, and restraint over haste,” the statement concluded.
