Torkornoo’s court challenge against Baffoe-Bonnie’s appointment baseless – Ansa-Asare

Former Ghana School of Law Director Kwaku Ansa-Asare has dismissed ex-Chief Justice Gertrude Torkornoo’s legal challenge against Justice Baffoe-Bonnie’s appointment as baseless and unconstitutional.

Speaking on JoyNews’ The Pulse on Friday, October 17, Mr. Ansa-Asare argued that no court has the jurisdiction to revisit a matter already decided by the President under Article 146 of the 1992 Constitution.

“After the president has accepted and acted upon the recommendations of a committee established pursuant to Article 146, no court can assume jurisdiction to rehear the matter. Nowhere. It’s dead on arrival,” he asserted.

He said Justice Torkornoo’s attempt to halt the vetting and appointment process lacks legal merit, stressing that her removal followed a constitutionally grounded process that cannot be overturned.

According to him, the lawsuit exposes a misunderstanding of the Constitution’s provisions on the removal of superior court judges.

“It is only showing our lack of understanding of the provisions enshrined in Article 146. And for the former Chief Justice to display ignorance and the nuances of Article 146 is mind-boggling,” he remarked.

Mr. Ansa-Asare further noted that the office of Chief Justice is not a personal possession but a public responsibility.

“The office of Chief Justice is not her personal property, and therefore, she cannot stop the President from performing his constitutional duties,” he added.

He warned that any hesitation by the President to act on the Article 146 recommendations would breach his constitutional oath.

“Any failure by the President to act under Article 146 would amount to a breach of his oath to the people of Ghana,” he emphasized.

President Mahama dismissed Justice Torkornoo on September 1, 2025, acting on the recommendations of the Article 146 committee after consulting the Council of State.

The committee found her guilty of misconduct, including the misuse of public funds and breaches of constitutional obligations.

Justice Baffoe-Bonnie, who has served as Acting Chief Justice since April 22, 2025, was nominated in September to assume the position substantively and is awaiting vetting by Parliament’s Appointments Committee.