The Supreme Court was compelled to suspend proceedings on Monday in the case involving the suspension of Chief Justice Gertrude Torkornoo, following disagreements over the constitution of the panel hearing the matter.
The five-member panel was presided over by Acting Chief Justice Paul Baffoe-Bonnie. However, proceedings came to an unexpected halt when Godfred Yeboah Dame, lead counsel for the applicants, raised strong objections to the panel’s composition.
Mr. Dame argued that allowing Justice Baffoe-Bonnie; currently serving as acting Chief Justice to oversee a case concerning the suspension of the substantive Chief Justice could compromise public confidence in the judiciary.
He further warned that the perception of a conflict of interest could arise, especially if the acting Chief Justice stands to benefit from the outcome of the case.
“The justice system must not only be fair but must also appear to be fair,” Dame asserted, suggesting that Justice Baffoe-Bonnie’s role could cast doubt on the impartiality of the court.
But Deputy Attorney General Dr. Srem Sai pushed back against Dame’s assertions, dismissing them as a fundamental misunderstanding of judicial procedures.
Dr. Sai clarified that in instances where the Chief Justice is unavailable or suspended, it is customary and indeed necessary for the next most senior judge to take over administrative responsibilities, including the formation and chairing of panels.
“The process is rooted in judicial precedence and constitutional norms. There’s nothing irregular about Justice Baffoe-Bonnie leading the panel in this context,” he added.
The court subsequently adjourned to consider the concerns raised.
The panel led by acting Chief Justice Paul Baffoe Bonnie, is expected to hear the injunction suits against Justice Torkonoo’s removal process. The panel consists of: Justice Paul Baffoe Bonnie, Justice Henrietta Mensah Bonsu, Justice Yonny Kulendi, Justice Amadu Tanko andd Justice Ernest Gaewu.
