Member of Parliament for Sissala East, Mohammed Issah Bataglia, has dismissed the Minority’s motion seeking to halt the vetting and approval of Justice Paul Baffoe-Bonnie as Chief Justice, describing it as an exercise in futility that will yield no meaningful outcome.
It follows a motion filed by the Minority in Parliament to suspend the vetting of Justice Baffoe-Bonnie, which suffered a last-minute setback. The motion, formally submitted to the Clerk of Parliament, called for an immediate halt to proceedings both at the Appointments Committee and on the floor of the House.
According to the Minority, proceeding with the vetting while multiple court cases remain pending would be “premature” and could “undermine the integrity of Parliament’s constitutional role” in approving the head of the judiciary.
However, speaking to Tutuwaa Danso on Starr Today, the lawmaker stated: “It is certain that we will all come to this point someday. We are in a democracy where people are entitled to use the rule of law to ensure that things are done right. However, the real question is not about rushing to court or relying solely on parliamentary procedures. The key question one must ask is: Is what I am pursuing worth it? And if yes, do I stand a real chance of succeeding? You have to make that analysis yourself.
“So, I don’t begrudge the Minority for taking this step or for trying to hold the process in Parliament. But my fear is that this could simply be an exercise in futility that may not yield any real benefit to them. I say this strongly because it reminds me of what happened in 2013 during the presidential election petition. At the time, some argued that the president should not be sworn in until the Supreme Court delivered its final judgment. But we all know how that turned out – the process could not be halted simply because the matter was before the court.
“If you have a very strong case, you can go for an injunction to halt the process. But relying on parliamentary procedures or certain constitutional articles, as well as the internal rules of Parliament, may not be sufficient grounds to stop it.
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“In my view, the process should be allowed to proceed as it is. The removal of the former Chief Justice clearly followed the constitutional provisions outlined in Article 146, Clause 11. The President acted in accordance with the constitution; consulting the Council of State, setting up the appropriate committee, and following due process. I have not seen any indication that the President has breached any constitutional provision that would render his actions improper.
“Similarly, Article 144 empowers the President, in consultation with the Council of State, to appoint a new Chief Justice. The vetting of Justice Paul Baffoe-Bonnie to become the new Chief Justice, subject to parliamentary approval, is therefore a legitimate process. We are all waiting in expectation that this will proceed smoothly and culminate in his formal swearing-in as the new Chief Justice.”
Source: Starrfm.com.gh/Benjamin Sackey
