Former Chief Justice, Gertrude Torkornoo, has filed a lawsuit seeking to halt the vetting and confirmation of Justice Baffoe-Bonnie as the country’s next Chief Justice, escalating a high-stakes legal and political battle at the apex of Ghana’s judiciary.
The suit, lodged at the High Court in Accra, challenges the legitimacy of the committee that recommended her removal and seeks to invalidate the Presidential Warrant issued by President John Mahama on September 1, which formalized her dismissal. Torkornoo contends that the proceedings of the Justice Gabriel Scott Pwamang Committee — the body that investigated misconduct allegations against her — were unconstitutional and procedurally flawed.
Torkornoo is asking the court to nullify all actions taken by the committee, including its report and the executive actions that followed, arguing that the findings and her subsequent removal are “illegal and of no effect.”
The legal challenge lands just as Parliament’s Appointments Committee prepares to vet Baffoe-Bonnie, who was formally nominated by President Mahama last month following months of serving as Acting Chief Justice. He assumed the interim role on April 22, shortly after Torkornoo was suspended amid allegations of misconduct, including misuse of public funds and constitutional violations.
The committee’s investigation and Torkornoo’s removal were carried out under Article 146 of Ghana’s Constitution, a provision governing the removal of superior court judges. The Council of State was consulted prior to the final recommendation.
The outcome of Torkornoo’s legal action could have significant implications for the independence of Ghana’s judiciary and the balance of power between the executive and judicial branches at a time of growing political scrutiny.