Judiciary in Crosshairs

Mahama Swears in Baffuor Bonnie amid ECOWAS Verdict on Torkornoo

President John Dramani Mahama on Monday swore in Justice Paul Baffoe-Bonnie as Ghana’s new Chief Justice, even as the ECOWAS Court of Justice prepares to rule on the controversial removal of his predecessor, Justice Gertrude Torkornoo.

The swearing-in ceremony, held at Jubilee House, came just four days after Parliament approved Baffoe-Bonnie’s nomination by a vote of 163 to 69. But the timing of the appointment on the eve of a regional court ruling that could upend the entire process has raised eyebrows across  legal and political landscape.

ECOWAS Court to Rule on Torkornoo’s Challenge

Justice Torkornoo, who was appointed CJ in June 2023, was removed from office on September 1, 2025, following a prima facie finding of misconduct by a committee formed under Article 146 of the Constitution. She has since challenged the legality of her removal, filing two applications at the ECOWAS Court in Abuja, Nigeria, alleging violations of her right to a fair hearing.

In her filings, Torkornoo argues that she was never provided with the basis for the prima facie determination, nor the specific charges against her. The President’s letter dated April 22, 2025, she claims, lacked judicial reasoning and failed to meet constitutional standards. “The President’s purported prima facie determination was no determination at all… arbitrary and capricious,” her application reads.

She is seeking ten reliefs, including declarations that her suspension violated Articles 7 and 15 of the African Charter on Human and Peoples’ Rights, and that the investigative panel lacked independence and impartiality.

Minority Walks Out, Raises Red Flags

The appointment of Baffoe-Bonnie has not gone unchallenged. Minority Leader Alex Afenyo-Markin led a walkout during the vetting process, arguing that Parliament should have deferred the exercise until the ECOWAS and Ghanaian courts concluded their reviews.

“We must not interfere in the work of the judiciary,” Afenyo-Markin said, warning that the vetting risked rendering the legal challenge “nugatory.” He accused Baffoe-Bonnie of conflict of interest, alleging that he had refused to empanel judges to hear Torkornoo’s case at the Supreme Court.

“The Majority Leader is aware the ECOWAS court is about to rule, yet this House rushes to install a new CJ,” he added, calling the move a calculated attempt to pre-empt the court’s decision.

Ayariga Defends Appointment

Majority Leader Mahama Ayariga dismissed the Minority’s concerns, insisting that Parliament has the constitutional authority to proceed. “Once Parliament starts dealing with those matters, no one anywhere can stop Parliament,” he said.

He argued that any judicial remedy post-ruling would be handled by the courts and downplayed the significance of the ECOWAS proceedings. “The court is big on aggrieved persons exhausting local remedies before approaching them,” Ayariga noted, suggesting that Torkornoo’s case may not meet the threshold for intervention.

A Judiciary Under Pressure

Justice Baffoe-Bonnie, 69, brings decades of experience across Ghana’s judicial hierarchy. His nomination on September 23 was framed as a stabilising move, but the controversy surrounding his ascension may complicate efforts to restore public trust in the judiciary.

As the ECOWAS Court prepares to deliver its verdict, the legal and political institutions remain locked in a delicate standoff one that could redefine the boundaries of executive power and judicial autonomy in the Fourth Republic.