The New Patriotic Party (NPP) has expressed strong reservations about the nomination of Justice Paul Baffoe-Bonnie as Chief Justice, describing the move by the Mahama administration as a violation of constitutional order and a threat to judicial independence.
In a statement issued on Monday, November 10 and signed by the party’s General Secretary, Justin Kodua Frimpong, the NPP said its position was guided by a duty to uphold the 1992 Constitution, not partisan interest.
“Our position is rooted not in partisan obstructionism, but in a solemn duty to defend the 1992 Constitution of Ghana from any action that threatens its integrity and the delicate balance of powers it enshrines,” the statement read.
Constitutional Breach
The NPP argued that the nomination of Justice Baffoe-Bonnie was unconstitutional because several cases challenging the removal of former Chief Justice Gertrude Torkornoo were still pending before Ghanaian and regional courts.
According to the party, there are seven ongoing substantive suits before the Supreme Court, High Court, and the ECOWAS Court of Justice, all questioning the legality and due process of her removal.
“The decision by the Mahama administration to proceed with a nomination for this high office, while these pivotal cases remain unheard and undefended on their merits, constitutes a pre-emptive assault on the judicial function and a dangerous departure from established constitutional order,” the statement warned.
Conflict of Interest Allegations
The NPP also raised ethical concerns about Justice Baffoe-Bonnie’s involvement in cases related to the same matter, saying his nomination “engages the timeless principle of nemo judex in causa sua—that no person shall be a judge in their own cause.”
The statement said Justice Baffoe-Bonnie presided over proceedings in Assafuah v. Attorney-General, a case that directly affected the Chief Justice’s office, and was part of a Supreme Court majority that allowed what it called “a fundamentally flawed removal process” to continue.
“The appearance of a conflict of interest is palpable and undermines public confidence in the impartiality of the judiciary and his stewardship,” the party said.
“His subsequent acceptance of a nomination to the substantive office, while the legality of the very vacancy he would fill is contested, demonstrates a troubling disregard for the sub judice rule.”
Call for Accountability
Addressing Justice Baffoe-Bonnie directly, the party said his acceptance of the nomination “signifies a gross and detrimental failure of judicial leadership.”
“At a moment when the judiciary’s independence demanded a posture of restraint and principle, His Lordship chose acquiescence. The historical record will be unequivocal on this matter,” the NPP stated.
To the Mahama administration, the party cautioned that constitutional principles must not be sacrificed for political expediency.
“Political majorities are transient, but constitutional principles are eternal,” it said.
“Those who are using their offices and various schemes to enable the subversion of our constitutional order will, in due course, be held to account—politically, legally, and historically.”
To the People of Ghana, the party urged all citizens “who cherish democracy and the rule of law to
stand in defence of our Constitution. The NPP will witness this travesty, strongly condemn it.
and publicly denounce its outcome. The Constitution is the sacred covenant of the Ghanaian people, and we shall never relent in our duty to defend it”.
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