Parliament Split as minority Demands Suspension of Acting Chief Justice’s Vetting; Majority Insists Process Must Continue
Minority Leader Alexander Afenyo-Markin and Majority Leader Mahama Ayariga- Photo credit Parliament
Accra, Ghana- Ghana’s Parliament was sharply divided on Friday Nov 7, after Minority Leader Alexander Afenyo-Markin demanded the immediate suspension of the vetting of the acting Chief Justice, citing an active Supreme Court case on the legality of the appointment.
Afenyo-Markin, addressing the House, warned that proceeding with the vetting would amount to “legislative interference in the judicial process”, breaching Articles 125(3) and 127(2) of the 1992 Constitution which safeguard judicial independence. “The House must take its hand off the motion and allow the judiciary to deal with the matter,” he declared, urging Parliament to halt any vetting plans until the court rules on challenges surrounding Justice Gertrude Torkornoo’s suspension and succession.
He argued that under Order 217(2) of Parliament’s Standing Orders, matters pending before a court should not be debated, stressing that “proceeding to vet a nominee while the vacancy itself is under judicial review renders the courts’ process meaningless.”
Afenyo-Markin accused the Attorney-General’s Department of delaying its responses to multiple suits and alleged that the acting Chief Justice, who must empanel the court to hear these cases, was “conflicted.”
“The acting Chief Justice must first empanel the court and the Attorney-General must file a defence. Parliament must not act in a way that undermines the judiciary,” he insisted.
Responding to the Minority’s concerns, Majority Leader Mahama Ayariga dismissed calls to suspend the vetting, arguing that Parliament cannot be stopped from performing its constitutional responsibilities.
Ayariga emphasized that the Appointments Committee was within its mandate to vet the nominee once the Speaker had referred the name, asserting that no pending litigation could halt a process “squarely within Parliament’s jurisdiction.”
“The Supreme Court has said repeatedly that in matters that are primarily the responsibility of Parliament, no one can stop Parliament from completing its process,” Ayariga stated. “It is only after Parliament has finished that the courts may examine the outcome, not the process.”
He further noted that while the judiciary is constitutionally empowered to “vindicate rights,” Parliament’s functions include lawmaking and vetting public officers duties that cannot be suspended because of external litigation.
Ayariga also questioned the relevance of references to ECOWAS Court proceedings, stressing that the regional tribunal only acts after all local remedies have been exhausted. “If you haven’t completed your case in Ghana, you can’t jump to Abuja,” he said. “Even ECOWAS will not intervene until Ghana’s courts finish their work.”
The Majority Leader described the referral to the Appointments Committee as an existing, lawful directive, not a new motion open for debate. “The Speaker has already referred the nomination. The Committee will sit on Monday. The Chief Justice nominee is ready and willing to answer all questions,” he affirmed.
Ayariga urged members to “allow the system to work,” insisting that the House proceed with the vetting as scheduled, while reminding the Minority that they had participated in drafting the Business Statement confirming the Committee’s timetable.
The Appointment Committee of Parliament is expected to vet Justice Baffoe Bonnie, Chief Justice Nominee at on Monday November 10, Parliament House at 11:00am prompt.
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