Respect due process in fresh Torkonoo case – Ayikoi Otoo to Executive, Parliament

A former Attorney General, Nii Ayikoi Otoo, has called on the Executive and Legislature to respect the authority of the Judiciary and allow due process to take its course in the fresh legal action filed by former Chief Justice Gertrude Torkonoo.

Speaking in an interview on Joy FM on Friday, October 17, 2025, he emphasised that in a country governed by the rule of law, the three arms of government must respect one another’s constitutional boundaries and avoid interferences in matters pending before the courts.

“In terms of respecting the separation of powers and not to interfere with the pendency of a matter which is before the court, both the Executive and the Legislature must stay their hands while the case is pending.

“… after all, it is a judicial review application and when the statement of case is filed, the parties can rely on the sequence of it and the judges can then rule without necessarily taking evidence, which will take a very long time,” myjoyonline.com quoted him to have said.

He continued to say that, "So, if they want to respect the boundaries of authority, I don't think anything would prevent them from doing that.

“In a country of rule of law, the three arms of government are equal and the one who respect the boundaries of authority exercise rights. And, therefore, one would have thought that when a matter is pending, both the president and the Legislature would want to constrain themselves and hold on and allow the courts to determine the matter.”

His comments follow a fresh application filed by former Chief Justice Torkonoo at the High Court, seeking to halt the vetting and appointment of Justice Baffoe-Bonnie as Ghana’s next Chief Justice.

Justice Gertrude Torkonoo’s legal action seeks to stop Parliament’s Appointments Committee from vetting Justice Baffoe-Bonnie, who currently serves as Acting Chief Justice.

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Her application also challenges the legitimacy of the Justice Gabriel Scott Pwamang Committee, which recommended her removal under Article 146 of the 1992 Constitution.

In her suit, the former Chief Justice is asking the court to quash all proceedings of the Pwamang Committee, set aside its findings and recommendations and declare the Presidential Warrant that removed her from office as unlawful, null and void.

Justice Gertrude Torkonoo was removed from office on September 1, 2025, by President John Dramani Mahama, following findings of misconduct and stated misbehaviour made by the Pwamang Committee after consultations with the Council of State.

The committee established that she had breached constitutional provisions, including alleged misuse of public funds.

Justice Baffoe-Bonnie, who has been Acting Chief Justice since April 22, 2025, was nominated by the president in September to assume the substantive role.

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