Old Tafo MP, Vincent Ekow Assafuah, has asserted that the Acting Chief Justice, Justice Paul Baffoe-Bonnie, is a direct beneficiary of Chief Justice Gertrude Torkornoo’s suspension and, therefore, should have recused himself from the panel that adjudicated his case.
Speaking in an interview after the Apex Court dismissed his suit, the MP clarified that the case was not about the constitutionality of the Acting CJ sitting on the panel, but rather about the discretion required to ensure fairness and impartiality.
“Our first objection was, why is the Acting CJ sitting on the matter? Because it is our respectful opinion that he is a beneficiary of the suspension. So, it’s not about the constitutionality of it. We did not attack the constitutionality of whether or not Justice Baffoe-Bonnie could empanel the bench.No. Our case was premised on the fact that it must be seen that what is going to happen in that courtroom is fair and just—not just legal or constitutional. And so, it was our respectful opinion that Justice Baffoe-Bonnie should not have sat on the matter,” he said.
He maintained that the Acting Chief Justice, who is benefitting from the CJ’s suspension, should have stepped aside in order to safeguard the independence and integrity of the judiciary.
“That’s why I’m saying this particular matter is very crucial and important. A Chief Justice has been suspended, and you have made an Acting CJ because of that suspension. He is already benefitting from that vacancy. So, why not allow other justices of the Supreme Court to sit on the matter, so that it will be apparent that justice is being served, that the process is fair, and that everything is being done justly,” he stated.
Mr. Assafuah drew an analogy to the 2012 Election Petition case, where the then Chief Justice, Her Ladyship Georgina Wood, empanelled the bench but recused herself to avoid any perception of bias, as she had been appointed by former President John Agyekum Kufuor.
Earlier today, the Supreme Court, in a 3-2 majority decision, dismissed a petition filed by Mr. Assafuah seeking to halt the removal of Chief Justice Gertrude Torkornoo and reinstate her to office.The Apex Court noted that a detailed explanation of its ruling will be made public on May 21, 2025.
In his suit, Mr. Assafuah argued that, upon a true and proper interpretation of Articles 146(1), (2), (4), (6), and (7), 23, 57(3), and 296 of the Constitution, the President is mandated to notify the Chief Justice about any petition for her removal and obtain her comments and responses before referring the petition to the Council of State or commencing consultations for her removal.
He, therefore, sought a declaration from the Supreme Court that the President’s failure to notify Chief Justice Torkornoo and obtain her comments before initiating consultations with the Council of State constituted a violation of Article 146(6) of the Constitution.