Uncertainty clouds NPP’s participation in vetting of Chief Justice nominee

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Whether or not the opposition New Patriotic Party (NPP) will take part in the vetting of Chief Justice nominee, Justice Paul Baffoe-Bonnie, scheduled for today, remains unclear.

What is clear, however, is that the party strongly opposes the nomination itself, describing it in recent statements as unconstitutional and politically motivated.

Uncertainty within the Party

Asaase News checks indicate that no formal meeting of the NPP’s National Executive Committee (NEC) or National Council has been held in recent days to decide on a coordinated position or strategy for the vetting process.

As of 8:00 a.m. this morning (Monday, 10 November), no official directive had been issued from the party headquarters to guide the Minority Caucus in Parliament.

Sources within Parliament say a number of senior NPP MPs may not even be available for the vetting session, scheduled to begin later today. Others told Asaase News that they are awaiting “clear instructions” from the party’s leadership before deciding on whether to participate or boycott.

Background to the Nomination

Justice Paul Baffoe-Bonnie has been nominated by President John Mahama to succeed Her Ladyship Justice Gertrude Araba Esaaba Torkornoo, whose removal from office has triggered a wave of legal and political controversy.

Justice Torkornoo’s removal, announced by the Presidency in August, is currently being challenged in seven separate cases before the Supreme Court, the High Court, and the ECOWAS Court of Justice.

The cases question the legality of the procedure used to remove her, the interpretation of constitutional provisions protecting the tenure of superior court judges, and the limits of executive power in judicial appointments.

NPP’s Expressed Position So Far

The NPP has consistently opposed the removal of Chief Justice Torkornoo, describing it as a “constitutional aberration” and “an attack on judicial independence.”

In earlier drafts of internal party communications sighted by Asaase News, the party argued that proceeding with a new nomination while multiple legal challenges remain pending amounts to “a pre-emptive assault on the judiciary” and “a dangerous precedent for constitutional governance.”

The party has also raised conflict-of-interest concerns about Justice Baffoe-Bonnie’s own role in prior rulings related to the disputed process that led to the vacancy of the Chief Justice’s office.

A Larger Political Context

Some NPP figures say the move forms part of what they call a “grand attempt” by the Mahama administration, which already commands a two-thirds majority in Parliament, to extend its influence over the judiciary.

According to them, this risks “tilting Ghana towards an elective dictatorship”, a phrase that has recently gained traction in party circles and on social media.

Next Steps

For now, both Parliament’s Appointments Committee and the Majority leadership appear ready to proceed with the vetting later today, barring any late-hour decisions by the NPP.

Our checks show that the Minority Leader, Alex Afenyo-Markin, will most likely deliver his statement, after the nominee swears the oath for the vetting, to announce to the public that the NPP will boycott the proceedings and articulate reasons for the decision.

Observers say the outcome of the vetting, and the level of NPP participation, will be a major test of how far the opposition is prepared to go in translating its constitutional objections into parliamentary action.