CJ Vetting: NPP raises alarm over constitutional breach and conflict of interest

The opposition New Patriotic Party (NPP) has expressed strong concerns over Parliament’s decision to proceed with the vetting of Chief Justice nominee, Justice Paul Baffoe-Bonnie, describing the move as a breach of constitutional order, the rule of law, and a clear case of conflict of interest.

In a statement dated November 10 and signed by the party’s General Secretary, Justin Frimpong Kodua, the NPP argued that the vetting process should have been suspended pending the resolution of cases filed by former Chief Justice Gertrude Torkonoo.

The party noted that there are seven (7) substantive legal suits currently before the Supreme Court of Ghana, the High Court, and the ECOWAS Court of Justice.

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The statement read:

These suits raise fundamental questions regarding due process, natural justice, and the constitutional protections for judicial office holders. It is a cardinal principle of constitutional governance that where the legitimacy of a foundational state action is directly challenged before a competent court, the political branches must exercise restraint until the judiciary has discharged its constitutional mandate to interpret the law.

The NPP further criticised the administration of President John Mahama for allowing the vetting to proceed, calling it “a pre-emptive assault on the judicial function and a dangerous departure from established constitutional order.”

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The party also highlighted what it described as a conflict of interest involving the nominee. It stated:

Public records indicate that the nominee presided over interlocutory proceedings in Assafuah v. Attorney-General, a case central to determining the status of the Chief Justice’s office and, by extension, his own elevation to the position of Acting Chief Justice.

The statement continued:

Furthermore, he was part of the majority on the Supreme Court bench that voted to allow the fundamentally flawed removal process to continue. This situation engages the timeless principle of nemo judex in causa sua — that no person shall be a judge in their own cause. The appearance of a conflict of interest is palpable and undermines public confidence in the impartiality of the judiciary and his stewardship.

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The NPP added that Justice Baffoe-Bonnie’s acceptance of the nomination to the substantive office, while the legality of the vacancy itself is being contested in multiple courts, reflects “a troubling disregard for the sub judice rule and the principle that courts, not political actors, must resolve justiciable disputes.”

Concluding its statement, the party reiterated its respect for the executive’s role in appointing high judicial officers but called on all citizens “who cherish democracy and the rule of law to stand in defence of our Constitution.”