Private legal practitioner Lawyer Kwame Adofo has weighed in on the minority members of Parliament’s position, who have stated that they will not vet Acting Chief Justice Paul Baffoe-Bonnie until the ongoing court case concerning the removal of Justice Gertrude Torkornoo is fully resolved.
Speaking to Kofi Owusu on Ahotor FM, Lawyer Adofo emphasized that the case regarding whether Justice Torkornoo was lawfully removed is currently before the Supreme Court and remains undecided. He warned that to proceed with vetting and installing a new Chief Justice before the court reaches a verdict effectively prejudges the outcome and undermines the judicial process.
He explained, “If you go ahead to install another Chief Justice while the case is still pending, it means you are presuming the current Chief Justice has lost the case even before the court has ruled. This could lead to a constitutional crisis because if the court later rules in favour of Justice Torkornoo, what happens to the new Chief Justice who has already been appointed? Would you then remove the newly installed Chief Justice on the basis that the previous removal was improper? This scenario risks creating unnecessary constitutional confusion.”
Lawyer Adofo further emphasized the importance of upholding the presumption of innocence. “By moving forward prematurely, you erode the principle that a person is innocent until proven guilty. This is a foundational principle in our legal system, and it must be respected,” he added.
Addressing the potential consequences of ignoring the minority’s concerns, Adofo said, “If Parliament chooses to disregard the minority’s call for patience and proceeds with vetting Acting Chief Justice Paul Baffoe-Bonnie, the process could be viewed as one-sided. The minority may refuse to recognize the vetting as legitimate, which could spark ongoing disputes and unrest.”
He also highlighted the impact this might have within Parliament itself. “Parliamentarians enjoy freedom of speech without fear of legal repercussions, which means dissenting voices from the minority could openly criticize the Chief Justice without restraint. This situation could persist throughout his tenure, leading to a fraught working environment.”
Lastly, Lawyer Adofo urged for expedited court proceedings. “If the court could conclude its hearing within the week, then it would be appropriate to proceed with nominating and installing a Chief Justice. But until the Supreme Court delivers its verdict, it is prudent to hold off on any decisive appointments.”
Story by: Mercy Addai Turkson #ahotoronline.com