CJ suspension: Ag. Chief Justice didn't err for his involvement in injunction application – Ansa-Asare

Kwaku Ansa-Asare, a former Director of the Ghana School of Law, supports the Supreme Court's decision. The court dismissed an application to stop proceedings on petitions against Chief Justice Gertrude Torkornoo.

He believes the application had no legal merit. The court ruled 3–2 on Tuesday, May 6, to reject it.

In an interview with Joy News, Mr. Ansa-Asare explained that acting Chief Justice Paul Baffoe-Bonnie has both legal and administrative authority. He can assign judges to cases as head of the judiciary.

Mr. Ansa-Asare stated that Justice Baffoe-Bonnie can sit on cases when necessary. He sees no illegality in this and believes there is no basis for challenges against his actions.

He argued that moral objections to Justice Baffoe-Bonnie’s role are subjective. They cannot compel judicial action.

“There is an acting Chief Justice,” he said. “He alone has authority over empaneling justices.”

“In the absence of the Chief Justice, the most senior justice must carry out this duty,” he added. “No one can fault him for deciding to sit.”

The injunction application was part of a larger legal challenge regarding the Chief Justice's suspension. This raised questions about fairness and judicial propriety.

Former Attorney General Godfred Yeboah Dame represented MP Vincent Ekow Assafuah in opposing Justice Baffoe-Bonnie’s participation. He claimed it was improper for an acting Chief Justice to lead a case involving the substantive Chief Justice.

Dame argued that Baffoe-Bonnie could benefit from the suspension outcome, making it inappropriate for him to preside over such a case.

The Court unanimously dismissed this objection after a brief recess, allowing proceedings under Justice Baffoe-Bonnie’s leadership.

The opposing legal team argued that continuing without resolving preliminary objections would harm judicial integrity. However, most panel members found insufficient grounds to halt proceedings at this stage.

During discussions on The Pulse, MP Assafuah noted that former Chief Justice Georgina Wood recused herself from some matters due to her appointment by President Kufuor. He suggested that Baffoe-Bonnie should have done the same since he was appointed by President Mahama.

Mr. Ansa-Asare disagreed with this view.

“Justice Wood recused herself for her reasons,” he said. “That does not mean others must follow.”

“If Paul Baffoe-Bonnie feels he needs to sit, it's within his mandate,” he continued.

He mentioned a legal doctrine called necessity which allows acting justices to decide to sit on cases lawfully.

“If she had not been suspended and chose to sit, she would not have erred,” he explained. “Similarly, if the acting Chief Justice chooses to sit, he has not erred.”

Thus, Mr. Ansa-Asare concluded that fairness issues do not arise; it is a constitutional mandate empowering judiciary heads to empanel themselves or others.

The current panel includes Justices Paul Baffoe-Bonnie, Henrietta Mensa-Bonsu, Yonny Kulendi, Amadu Tanko, and Ernest Gaewu.

On Tuesday's decision, Justices Mensa-Bonsu and Gaewu dissented while the majority ruled for proceedings without delay.