Justice Baffoe-Bonnie expected to act as Chief Justice – Martin Kpebu

Private Legal Practitioner, Martin Kpebu has said per convention the most senior Supreme Court Judge will act as Chief Justice following the suspension of Gertrude Torkonoo.

President John Dramani Mahama has, in accordance with Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case has been established in respect of three petitions against the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo.

The President has since suspended the Chief Justice.

Speaking on the matter of  who acts in the absence of the Chief Justice, Mr. Kpebu noted that in this case, Justice Paul Baffoe-Bonnie is expected to occupy the role as he is the most senior Judge of the Supreme court currently.

“There’s a specific provision for it in the constitution. It is explicitly written that in the absence of the Chief Justice, the most senior justice of the Supreme Court takes over so it means that Justice Paul Bafful Bonnie is the acting Chief Justice, there can be no two ways about that,” he stated in an interview with TV3 on Tuesday, April 22, 2025.

A statement issued on Tuesday April 22 said, “Pursuant to Article 146(10) of the constitution and in accordance with the advice of the Council of State, the President has by a warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings.”

The statement, which was signed by the Minister in Charge of Government Communication, Felix Kwakye Ofosu added that, “The President has consequently, established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State with the following composition to inquire into the petitions which have been referred to them.

1. Justice Gabriel Scott Pwamang, Justice of the Supreme Court  – Chairman
2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court – Member
3. Daniel Yaw Domelevo (Former Auditor-General) –  Member
4. Major Flora Bazwaanura Dalugo (Ghana Armed Forces) – Member
5. Professor James Sefah Dzisah (Associate Professor, University of Ghana) – Member.

President John Dramani Mahama forwarded three petitions calling for the removal of Chief Justice Gertrude Torkornoo to the Council of State for advice, in accordance with Article 146 of the 1992 Constitution.

A statement from the Presidency’s Communications Directorate on Tuesday, March 25, 2025, confirmed that the petitions had been submitted by various individuals, urging the President to take action against the Chief Justice.

Following constitutional procedures, President Mahama has referred the matter to the Council of State to begin the consultation process required before any further action can be taken.

The Chief Justice subsequently responded to the petition.

Meanwhile, the Supreme Court has set May 6 to hear the injunction applications against the petition to remove Chief Justice Gertrude Sackey Torkornoo from office.

The panel of four sitting instead of five, chaired by Justice Osei Bonsu, noted that the adjournment had been occasioned due to “unavoidable reason”.

Justice Samuel Asiedu, the fifth member of the panel, was absent when the case was called on Wednesday, April 16.

At the last adjourned date, former Attorney General Godfred Yeboah Dame, representing Old Tafo Member of Parliament as a plaintiff in one of the injunction suits, averred that the president ought to hold on with the consultation processes with the Council of State.

He noted that the law prohibits the continuation of court processes when there’s an injunction application.

But reacting to his assertion, Attorney General Dr Dominic Ayine indicated that no law prohibits the President from carrying out his constitutional mandate.

“He needs to understand that this is the performance of a constitutional duty and the law is very clear that you cannot enjoin the performance of a constitutional or public obligation,” the A-G noted.

The post Justice Baffoe-Bonnie expected to act as Chief Justice – Martin Kpebu first appeared on 3News.

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