A group of six Members of Parliament has filed a Private Members’ Motion urging the Speaker of Parliament to block the nomination of Acting Chief Justice Paul Baffoe-Bonnie as the substantive Chief Justice. The motion cites ongoing litigation surrounding the removal of former Chief Justice Gertrude Torkornoo and potential conflict of interest.
The MPs argue that proceeding with the nomination process while seven court cases are pending would undermine the constitutional framework and the principle of judicial independence. The cases, which span the ECOWAS Court and Ghana’s Supreme and High Courts, question the lawfulness of Justice Torkornoo’s removal.
Key Concerns
– Sub Judice Rule: The motion invokes the sub judice rule, which prohibits Parliament from discussing matters that are currently before the courts.
– Conflict of Interest: Justice Baffoe-Bonnie’s involvement in a 3-2 interlocutory ruling that cleared the path for proceedings leading to his nomination raises concerns about his impartiality.
– Constitutional Implications: The MPs argue that proceeding with the nomination would “construct a constitutional edifice upon quicksand,” potentially hollowing out Article 2(1) rights.
What the MPs are Asking For
– Suspension of Vetting: The MPs want Parliament to suspend the vetting process for Justice Baffoe-Bonnie until the pending court cases are resolved.
– Attorney-General’s Briefing: They also want the Attorney-General to brief Parliament on the status of the litigation and Ghana’s treaty obligations.