A member of Parliament’s Constitutional and Legal Affairs Committee, Lawyer Nana Agyei Baffour Awuah, has refuted suggestions that seniority should be the determining factor in appointing a Chief Justice or Justices to the Supreme Court, describing such arguments as inconsistent with Ghana’s judicial history.

Speaking in reaction to comments made by Chief Justice nominee, Paul Baffoe-Bonnie, during his vetting before Parliament’s Appointments Committee, the Manhyia South MP said the claim that Justice Baffoe-Bonnie’s 17 years of service on the Supreme Court entitled him to the Chief Justice position “does not line up with the facts.”

Justice Baffoe-Bonnie, during his appearance before the committee, reportedly noted that he had served on the Supreme Court for 17 years — longer than any current member — suggesting that by precedent or convention, he ought to have been the natural choice for the top judicial office.

However, Lawyer Baffour Awuah has challenged that assertion, presenting a detailed historical analysis to show that seniority has never been the basis for such appointments in the judiciary.

According to him, the career progression of Justice Baffoe-Bonnie himself clearly disproves the seniority argument.

“When Justice Baffoe-Bonnie joined the High Court in 2002, coming from the Circuit Court, Justice Senyo Dzamefe was already a High Court Judge,” he noted.

He added that in 2006, when Justice Baffoe-Bonnie was elevated to the Court of Appeal, Justice Vida Akoto Bamfo had already been serving at that level since 1999. Yet, two years later, in 2008, President John Agyekum Kufuor promoted Justice Baffoe-Bonnie to the Supreme Court — ahead of Akoto Bamfo.

“If seniority were truly the rule, Justice Dzamefe would have been promoted to the Court of Appeal before Baffoe-Bonnie, and Justice Akoto Bamfo would have been elevated to the Supreme Court before him,” the MP stated.

Baffour Awuah further pointed to Ghana’s past Chief Justice appointments to strengthen his argument.

“When Georgina Theodora Wood was appointed Chief Justice in 2007, there were judges on the Supreme Court who were her seniors in years of service. The same happened with Sophia Akuffo and others who came after her,” he observed.

He stressed that constitutional practice and presidential discretion — not seniority — have always guided the appointment of Chief Justices and Justices of the Superior Courts in Ghana.

“The President exercises the power of appointment in consultation with the Council of State and with parliamentary approval. Seniority has never been a legal or conventional qualification,” he said.

His remarks come amid growing public debate following Justice Baffoe-Bonnie’s vetting, during which the nominee spoke candidly about his long service and experience on the bench.

While many have lauded his legal acumen, others have argued that the judiciary should not be treated as a civil service structure where promotions are determined by seniority alone.