The Minority Caucus in Parliament has strongly opposed the approval of Justice Paul Baffoe-Bonnie as Chief Justice, warning that proceeding while legal challenges to the removal of former Chief Justice Gertrude Torkornoo remain pending could trigger a severe constitutional crisis.
In a 26-page statement issued on Wednesday, November 12, 2025, and signed by Minority Leader Alexander Kwamena Afenyo-Markin, the caucus argued that Parliament cannot lawfully fill the Chief Justice position when the existence of a valid vacancy is still under active judicial scrutiny.
The Minority contends that seven ongoing court cases across three jurisdictions directly question the legality of Justice Torkornoo’s removal on September 1, 2025, under Article 146 of the 1992 Constitution.
The statement warned that approving the nominee under these circumstances would directly and irreversibly prejudice the ongoing judicial proceedings.
The pending cases include one suit at the ECOWAS Community Court of Justice (Justice Gertrude Torkornoo v. Republic of Ghana, Suit No. ECW/CCJ/APP/32/25), where the Attorney-General has not filed a defence despite service, and a motion for default judgment is pending. At the Supreme Court of Ghana, three constitutional actions under Article 2(1) remain unresolved, including suits filed by MP Vincent Ekow Assafuah, the Centre for Citizenship Constitutional and Electoral Systems, and Justice Torkornoo herself.
Additionally, three judicial review applications at the High Court challenge procedural fairness, jurisdiction, and alleged bias in the Article 146 committee proceedings.
The Minority highlighted a pattern of non-defence by the Attorney-General across all cases, describing it as a deliberate strategy to delay judicial resolution until a new Chief Justice is confirmed, rendering the challenges moot.
The caucus invoked Parliament’s Standing Orders, particularly Orders 103(f) and 123(1) (sub judice rule), 217(2) (Appointments Committee mandate), and 216(4) (discretion to defer business), arguing that approval must be paused to avoid prejudicing ongoing litigation.
Three parliamentary precedents were cited to support this position.
The Minority further raised concerns over Justice Baffoe-Bonnie’s conflict of interest, noting that he presided over the Supreme Court panel that refused to halt Justice Torkornoo’s removal, a decision that paved the way for his appointment as Acting Chief Justice.
The statement warned that proceeding with confirmation under these conditions would violate Article 296, which forbids biased or arbitrary exercise of power.
The caucus urged Parliament to defer approval until all judicial proceedings are concluded, emphasizing that Justice Baffoe-Bonnie remains Acting Chief Justice under Article 144(6), ensuring continuity in judicial administration.
The Minority cautioned that if Parliament approves the nominee and the courts later declare the removal unlawful, Ghana would face a constitutional crisis of two persons each with a claim to the office of Chief Justice.
“If Parliament approves the nominee, thereby implicitly affirming the removal’s validity, and the Supreme Court subsequently declares the removal void ab initio, the constitutional crisis would be catastrophic: two persons with colourable claims to the office of Chief Justice, irreconcilable institutional determinations, and the complete erosion of public confidence in coordinate branches’ mutual respect. This is precisely the constitutional harm the 2014 precedent recognised and prevented. That precedent compels the same result here,” the Minority said.
The statement concluded with a call for constitutional restraint, respect for judicial independence, and adherence to the rule of law.
Afenyo-Markin wrote that history will judge Parliament’s actions when judicial independence is at stake, and the Minority has chosen principle over convenience, law over politics, and restraint over haste.
The Appointments Committee completed the vetting of Justice Baffoe-Bonnie on November 10, 2025, despite the Minority’s motion the previous day to halt the process, which was dismissed by Speaker Alban Bagbin.
The statement by the Minority comes after the Caucus staged a walkout at the Appointments Committee, having sought to raise similar objections during the vetting.
The House is now awaiting the committee’s recommendations for final approval.