On May 6, 2025, the Supreme Court of Ghana unanimously dismissed an objection by former Attorney-General Godfred Yeboah Dame seeking to bar Acting Chief Justice Paul Baffoe-Bonnie from presiding over a high-profile case challenging the suspension of Chief Justice Gertrude Sackey Torkornoo.
Dame, representing applicant Vincent Ekow Assafuah, argued that Justice Baffoe-Bonnie’s interim role as head of the judiciary created a conflict of interest, suggesting that the case’s outcome could impact his status.
But the five-member panel, led by Justice Baffoe-Bonnie himself, found the objection “unmeritorious”, ruling that the acting role arises from constitutional duty, not personal stake.
The court held that Article 144(6) of the Constitution which allows the most senior Supreme Court judge to act in the absence of a substantive Chief Justice does not give rise to a disqualifying interest.
With the objection overruled, the court proceeded to hear the case on its merits.
The legal challenge stems from President John Dramani Mahama’s April 22 decision to suspend Chief Justice Torkornoo following petitions alleging misconduct and abuse of power an action unprecedented under Ghana’s 1992 Constitution.
In a separate but related ruling, the Supreme Court rejected an injunction application by Assafuah that sought to freeze Torkornoo’s suspension pending the court’s final verdict.
The decision came in a 3-2 majority:
- Majority: Justices Baffoe-Bonnie, Emmanuel Yonny Kulendi, and Tanko Amadu
- Dissenting: Justices Professor Henrietta Mensa-Bonsu and Ernest Gaewu
The court noted that detailed reasoning behind the dismissal of the injunction will be made public by May 21.
These twin rulings mark a pivotal moment in Ghana’s evolving constitutional jurisprudence.
They signal the court’s commitment to upholding judicial impartiality and procedural integrity, even as tensions surrounding the Chief Justice’s suspension continue to spark legal, political, and civil discourse nationwide.
By: J.W Quarm
