NPP describes Baffoe-Bonnie’s vetting as unconstitutional

The New Patriotic Party (NPP) has described the nomination and vetting of Justice Paul Baffoe-Bonnie for the position of Chief Justice as unconstitutional and a direct assault on Ghana’s democratic order.

In a statement signed by its General Secretary, Justin Kodua Frimpong, the party said the nomination represents “a grave breach of constitutional governance” and warned that the Mahama administration’s decision to proceed despite pending court challenges undermines the rule of law.

“The events that led up to this nomination have caused a serious constitutional problem,” the statement said.

“The removal from office of former Chief Justice Gertrude Torkornoo remains the subject of seven substantive suits before the Supreme Court, the High Court, and the ECOWAS Court of Justice. Proceeding with a replacement while these cases remain unresolved is a pre-emptive assault on the judicial function.”

The NPP further alleged that Justice Baffoe-Bonnie’s nomination was tainted by conflict of interest, citing his previous role in adjudicating one of the cases central to the controversy.

“Public records indicate that the nominee presided over interlocutory proceedings in Assafuah v. Attorney-General, a case determining the status of the Chief Justice’s office,” the statement noted.

According to the party, accepting the nomination while the legality of the vacancy remains in court “demonstrates a troubling disregard for the sub judice rule.”

The release invoked the legal principle that no one should be a judge in their own cause, arguing that the situation “undermines public confidence in the impartiality of the judiciary.”

To Justice Baffoe-Bonnie, the NPP said his acceptance of the nomination “signifies a gross and detrimental failure of judicial leadership.”

The statement added, “At a moment when the judiciary’s independence demanded restraint and principle, His Lordship chose acquiescence.”

Addressing the government, the NPP warned that “political majorities are transient, but constitutional principles are eternal.”

It cautioned that those enabling what it called “the subversion of constitutional order” will be held accountable “politically, legally, and historically.”

The party did stop short of saying it will direct its Members of Parliament to refrain from participating in the vetting process.

It will be recalled that the Minority caucus had asked Speaker Alban Bagbin to halt the vetting citing legal issues regarding the exercise.

The speaker after reviewing the arguments ruled against the NPP’s request.