The Ghanaian Parliament is advancing with the nomination process for Justice Paul Baffoe-Bonnie as Chief Justice, an appointment clouded by allegations of misconduct. On October 21, Speaker Rt. Hon. Alban Sumana Kingsford Bagbin announced President John Dramani Mahama’s nomination, which was formalized earlier this month. Under Article 144(1) of Ghana’s 1992 Constitution, the President’s appointment of the Chief Justice requires consultation with the Council of State and parliamentary approval. Read more.
Justice Baffoe-Bonnie’s proposed elevation to the judiciary’s highest office is taking place against the backdrop of a petition for his removal, initiated by Gbande Nabin Yusif. The allegations pertain to purported misconduct under Article 146(1) of the Constitution, following the recent dismissal of former Chief Justice Gertrude Araba Esaaba Torkornoo. Yusif contends the Justice contravened traditional judicial ethics by engaging with a litigant from a lawsuit involving the Ghana Bar Association, potentially breaching the Bangalore Principles of Judicial Conduct.
The status of this petition remains uncertain as Yusif has yet to receive a response from the presidential office. The petitioner insists that if Justice Baffoe-Bonnie’s nomination is confirmed without addressing the allegations, it implies a broader dismissal of constitutional safeguards. He has articulated concerns over the lack of criteria in adjudicating misconduct claims, urging for constitutional clarity to shield the judiciary from political influence.
While the allegations of misconduct have sparked debate, some legal experts, including Dr. Kweku Ansah Asare, have questioned the petition’s merits. He suggests the acts cited by Yusif could have arisen from non-judicial duties, highlighting a distinction essential for evaluating judicial propriety. Dr. Asare argues against overstretching the constitutional provisions for judicial misconduct, reminiscent of the perspective shared by former Chief Justice Sophia Akuffo regarding the earlier removal of Justice Torkornoo.
As Parliament proceeds with Justice Baffoe-Bonnie’s nomination, the question of judicial accountability remains under scrutiny. This development is seen as a moment for potential legislative reform addressing the breadth of Article 146, to better align with both domestic and international principles of judicial conduct.