Ghana’s Supreme Court has unanimously rejected an objection seeking the recusal of the Acting Chief Justice, Justice Paul Baffoe-Bonnie, from the panel hearing an injunction application against the suspension of Chief Justice Gertrude Sackey Torkornoo.
A five-member panel of the court ruled that the objection, raised by former Attorney-General Godfred Yeboah Dame, the lawyer representing the applicant, lacked merit.
Mr. Dame had argued that Justice Baffoe-Bonnie had a personal interest in the outcome of the injunction application, as it could affect his position as Acting Chief Justice.
However, the Supreme Court held that the position of Acting Chief Justice was established under Article 144 (6) of the Constitution, and therefore, whoever occupied the role could not be considered to have a personal interest in the matter. “The objection is unmeritorious and consequently overruled,” the court stated in its decision.
Earlier in the proceedings, Mr. Dame had argued that the case’s outcome had the potential to impact both the status of the suspended Chief Justice and the Acting Chief Justice, thus Justice Baffoe-Bonnie should recuse himself to ensure justice was seen to be done. He also pointed out that Justice Baffoe-Bonnie had assumed all the powers of the Chief Justice and should therefore not be part of the panel. Mr. Dame cited previous cases involving the status of the Chief Justice where the incumbent, despite having the authority to empanel, did not include themselves on the panel.
Responding to the objection, Deputy Attorney-General Dr Justice Srem-Sai described it as “misconceived” and urged the court to dismiss it. He argued that the role of Acting Chief Justice comes with duties, not personal interests. Furthermore, he submitted that in constitutional matters such as this, neither the parties nor the judges are deemed to have a personal stake. Dr Srem-Sai also argued that the objection was flawed because the case concerned the substantive Chief Justice, not the Acting Chief Justice. “It is not the Acting Chief Justice who is the subject matter of removal proceedings; it is the substantive Chief Justice who is still Chief Justice. The objection has no basis in law,” he contended.
The five-member panel, presided over by Justice Baffoe-Bonnie, subsequently delivered its ruling, dismissing the objection and clearing the way for the hearing on the injunction against the suspension of Chief Justice Gertrude Sackey Torkornoo to proceed.
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