Justice Paul Baffoe-Bonnie, the most senior member of Ghana’s Supreme Court, is expected to assume the role of Acting Chief Justice following the suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo. The move comes after President John Dramani Mahama determined that a prima facie case had been established in three separate petitions filed against the Chief Justice.

Legal analyst and private practitioner Martin Kpebu affirmed the succession protocol, citing explicit constitutional provisions. “There’s a specific provision for it in the Constitution. It is explicitly written that in the absence of the Chief Justice, the most senior justice of the Supreme Court takes over,” Mr. Kpebu said in an interview with Ghana’s TV3 on Tuesday. “It means that Justice Paul Baffoe-Bonnie is the Acting Chief Justice—there can be no two ways about that.”

President Mahama’s decision was made in line with Article 146(6) of the 1992 Constitution, following consultation with the Council of State. The presidency, through a statement issued on April 22 by Minister for Government Communication Felix Kwakye Ofosu, announced the immediate suspension of Chief Justice Torkornoo pending the outcome of a formal investigation.

A five-member committee has been constituted to look into the allegations, comprising:

• Justice Gabriel Scott Pwamang (Supreme Court) – Chairman
• Justice Samuel Kwame Adibu-Asiedu (Supreme Court) – Member
• Daniel Yaw Domelevo (Former Auditor-General) – Member
• Major Flora Bazwaanura Dalugo (Ghana Armed Forces) – Member
• Professor James Sefah Dzisah (University of Ghana) – Member

The suspension follows petitions received by the Office of the President from several individuals who alleged misconduct on the part of the Chief Justice. The contents of the petitions have not been publicly disclosed.

Meanwhile, legal proceedings relating to the petitions are underway. The Supreme Court has scheduled May 6 to hear applications for an injunction that could temporarily halt the removal process. During a recent court session on April 16, the five-member panel sat with only four justices due to the absence of Justice Samuel Asiedu.

At that session, former Attorney General Godfred Yeboah Dame—now representing the plaintiff in one of the injunction applications—argued that the President should suspend all actions related to the petition while court proceedings are ongoing. He claimed that continuing the process violates due legal procedure.

However, Attorney General Dr. Dominic Ayine countered that the President is performing a constitutional duty that cannot be obstructed by a court injunction. “The law is very clear that you cannot enjoin the performance of a constitutional or public obligation,” Dr. Ayine stated.

As the proceedings move forward, attention now shifts to Justice Baffoe-Bonnie’s stewardship in an acting capacity, and the potential implications for the judiciary’s independence during this politically sensitive period.

Source:TheDotNews