Minority Demands Pause in Chief Justice Vetting Until Court Cases Conclude

The opposition group in the legislature has requested that the House halt the evaluation of Justice Paul Baffoe-Bonnie's appointment as ...

The opposition group in the legislature has requested that the House halt the evaluation of Justice Paul Baffoe-Bonnie's appointment as Chief Justice until all legal challenges regarding the dismissal of Justice Gertrude Torkornoo are resolved.

Deputy Leader Alexander Afenyo-Markin called on Parliament to exercise its authority under Order 5 of the Standing Orders to temporarily halt the vetting procedure, emphasizing that this action would safeguard the Constitution's integrity and avoid a potential crisis.

He stated that the Supreme Court, High Court, and ECOWAS Court were already reviewing multiple cases related to the legality of Justice Torkornoo's dismissal, and that the courts could expedite these matters if the State collaborated rather than postponed the process.

He stated that the Judiciary does not lack leadership, as Justice Baffoe-Bonnie still serves as Chief Justice in accordance with Article 144(6) of the Constitution.

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He claimed that a crisis would not arise if Parliament waited for the courts to complete their process, but a genuine crisis might happen if a new Chief Justice is appointed and the courts subsequently reverse the removal, resulting in two individuals asserting the same position.

Mr. Afenyo-Markin stated that the President's authority to appoint a Chief Justice as outlined in Article 144(1) was not up for debate.

Nevertheless, he emphasized that the Parliament's authority to confirm appointments should be applied while respecting the division of powers, judicial autonomy, and the sub judice principle, which prohibits actions that could affect pending legal proceedings.

He cautioned against viewing the recent Supreme Court decision in Vincent Assafuah v Attorney-General as an endorsement for Parliament to move forward.

He stated that the Court merely declined to grant a temporary injunction for procedural reasons and did not decide that the removal of Justice Torkornoo was legal.

The leader of the minority party stated that the Assafuah decision utilized the Moffat principle, which advises courts against halting governmental activities due to insignificant lawsuits.

Nevertheless, he pointed out that the decision was not intended to prompt constitutional organizations to proceed recklessly, as significant cases remained under consideration.

He mentioned that the Supreme Court's approach reconciled the necessity of preserving judicial integrity with the goal of maintaining the smooth continuation of constitutional responsibilities.

He further stated that the decision was never intended as permission for Parliament to proceed quickly.

Mr. Afenyo-Markin stated that the Court's choice to not force Parliament to halt its activities was based on respect for the division of powers, not because it thought Parliament should ignore the judiciary.

He explained that the Minority's appeal was not about the Judiciary managing Parliament, but rather for Parliament to act according to its own constitutional principles by waiting for the courts to issue their rulings.

He mentioned that the Supreme Court believed constitutional institutions such as Parliament would act prudently and with integrity, rather than in a rigid or mechanical manner, while carrying out their responsibilities.

Mr. Afenyo-Markin also cited Article 64(2) of the Constitution, which permits specific presidential actions to remain in effect even if a court declares an election invalid, in order to avoid disorder.

He warned, nevertheless, that this clause was never intended to promote carelessness or lead to irreversible constitutional issues.

He cautioned that if Parliament approves Justice Baffoe-Bonnie while the courts continue to review challenges regarding Justice Torkornoo's dismissal, Ghana might encounter a constitutional crisis with two individuals laying claim to the position of Chief Justice.

He claimed that this advancement would harm the image of Parliament and weaken the public's trust in the nation's democratic systems.

The leader of the minority party argued that waiting for the courts to finalize the cases would reflect Parliament's wisdom, impartiality, and dedication to constitutional values.

He mentioned that taking a brief break would safeguard the rule of law and demonstrate that Parliament prioritizes legal compliance over speed and principles over political considerations.

"The wise approach, the legally sound approach, is to wait," he stressed.

By: Jacob Aggrey

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