Parliament will proceed on Monday with the vetting of Chief Justice nominee Justice Paul Baffoe-Bonnie after Speaker Alban Sumana Kingsford Bagbin dismissed a motion seeking to halt the process.
The proposed motion, filed by Minority Leader Alexander Afenyo-Markin, urged Parliament to suspend the vetting until the Supreme Court ruled on a pending case involving the nominee’s predecessor, Justice Gertrude Torkornoo.
In his ruling, Mr Bagbin said he had “considered deeply the proposed motion and concluded that there is no basis for me to exercise the discretion to admit the motion.”
He described the motion as “constitutionally and procedurally unsustainable,” adding that Parliament must not suspend its duties in anticipation of judicial decisions.
“In summary, the major points of this ruling is that the motion is inadmissible and the same has been returned to the sponsor, the Minority Leader, Alexander Afenyo-Markin, as stated clearly by the standing orders,” he stated.
Mr Bagbin ruled that the motion was “out of order,” stressing that “the Supreme Court is vested with adequate powers to reverse any action should they deem it unconstitutional.”
The Speaker explained that Orders 102 and 103 of Parliament’s Standing Orders empower him to determine the admissibility of motions. “I was guided by the Constitution, the Standing Orders of the House, and precedents of parliamentary practice,” he said.
According to him, the Clerk-to-Parliament received the proposed motion on October 28, 2025, and forwarded it to his office the same day. He said, “As required by Order 102(4) of the Standing Orders, I provided reasons on the face of the proposed motion paper for my refusal to admit it.”
Mr Bagbin emphasised that article 144(1) of the Constitution imposes a “clear and continuing duty” on Parliament to consider the President’s nomination for Chief Justice. “This article clearly states that should there be any unconstitutionality regarding the removal of Her Ladyship Justice Torkornoo, the court is vested with the power to so declare and make all necessary orders needed to restore the status quo,” he noted.
He maintained that the judiciary’s work could continue independently but that Parliament’s constitutional authority must not be interrupted. “Until there is an injunctive order, Parliament’s authority remains intact,” he stressed.
Mr Bagbin added that “judicial independence should not mean legislative paralysis,” questioning whether “the Supreme Court can use its injunctive relief to undermine the work of another arm of the state.”
“Is that the purpose of the relief?” he asked, reiterating his position that the vetting of Justice Baffoe-Bonnie would proceed as scheduled.
Justice Baffoe-Bonnie was appointed to serve as acting Chief Justice following the suspension of Gertrude Torkornoo on April 23, this year.
He assumed the position of acting Chief Justice by virtue of his position as the most senior Justice on the Supreme Court Bench, in line with Article 144 (6).
The nomination of Justice Baffoe-Bonnie by President Mahama is the first time in 24 years that a President elected on the ticket of the governing National Democratic Congress (NDC) has got the opportunity to nominate a Chief Justice since the country returned to democratic rule in 1992.
