Mahama in Chief Justice dilemma as Baffoe-Bonnie retires in weeks

…… Seven Supreme Court Justices emerge in succession debate

President John Dramani Mahama faces another major decision regarding the leadership of Ghana’s Judiciary as Chief Justice Paul Kwadwo Baffoe-Bonnie’s retirement approaches, setting the stage for the appointment of a new head of the country’s third powerful arm of government.

Justice Baffoe-Bonnie, who turns 70 on 26 December 2026, is expected to retire in less than two months, in accordance with the mandatory retirement provisions of the 1992 Constitution.

His impending departure and transition to the Council of State, in his capacity as a retired Chief Justice, come barely 13 months after he was sworn into office on 17 November 2025, making his tenure one of the shortest served by a substantive Chief Justice in Ghana’s recent history.

With his retirement approaching, attention is increasingly turning to the Supreme Court, where several experienced justices are being discussed as possible successors.

Among them are Justices Gabriel Scott Pwamang, Avril Lovelace-Johnson, Issifu Omoro Tanko Amadu, Professor Henrietta Joy Abena Nyarko Mensa-Bonsu, Emmanuel Yonny Kulendi, Samuel Kwame Adibu-Asiedu, George Kingsley Koomson, Ernest Yao Gaewu, Henry Anthony Kwofie, Yaw Darko Asare, Richard Adjei-Frimpong, Sophia Rosetta Oduokunwa Bernasco-Essah, Edward Amoako Asante and Anthony Forson Jr.

Others include Justices Senyo Dzamefe, a former President of the Association of Magistrates and Judges of Ghana (AMJG), Kweku Tawiah Ackaah-Boafo, and Sir Dennis Dominic Adjei.

Although President Mahama has neither publicly announced a shortlist nor disclosed his preferred candidate, seven Supreme Court justices have featured prominently in the emerging succession debate.

They are Justices Gabriel Scott Pwamang, Avril Lovelace-Johnson, Issifu Omoro Tanko Amadu, Emmanuel Yonny Kulendi, Samuel Kwame Adibu-Asiedu, Senyo Dzamefe and Sir Dennis Dominic Adjei.

The seven have different professional backgrounds, ranging from decades of private legal practice to extensive judicial service, constitutional adjudication, judicial administration, and international legal experience.

Their records are expected to attract considerable attention as discussions intensify over who should lead the Judiciary following Justice Baffoe-Bonnie’s departure.

The President’s decision will be particularly significant because the next Chief Justice will inherit a judicial system confronting persistent concerns about delays in the administration of justice, the cost of litigation, access to the courts, judicial independence, and declining public confidence.

Under Article 144(1) of the Constitution, the Chief Justice is appointed by the President, acting in consultation with the Council of State and with the approval of Parliament.

The Constitution does not require the President to select the longest-serving Supreme Court justice, leaving considerable discretion in determining who possesses the professional competence, integrity, leadership qualities, and administrative capacity to occupy the office.

An examination of the professional records of the seven justices reveals significant differences in their years of service, judicial experience, legal practice, and contributions to the administration of justice.

Justice Gabriel Scott Pwamang, who joined the Supreme Court in June 2015, has served the longest on the country’s highest court among the seven justices.

With more than 11 years of Supreme Court experience, he has participated in numerous constitutional and appellate proceedings.

Before his appointment, he spent approximately 26 years in private legal practice, establishing himself in constitutional litigation and other areas of law.

His professional background also includes participation in Ghana’s Constitution Review Commission and service as General Secretary of the People’s National Convention (PNC).

Justice Pwamang has undertaken significant responsibilities outside his regular judicial duties, including chairing the committee established under Article 146 of the Constitution to investigate petitions seeking the removal of former Chief Justice Gertrude Torkornoo.

That assignment placed him at the centre of one of the most consequential judicial developments in Ghana’s recent history.

His judicial record includes a dissenting opinion in the January 2026 Kpandai parliamentary election dispute, in which he questioned the circumstances under which the Supreme Court should exercise its discretionary jurisdiction.

Those favouring his appointment could point to his extensive Supreme Court experience, constitutional expertise and familiarity with the workings of the apex court.

However, his involvement in politically sensitive constitutional and judicial proceedings could also attract scrutiny as attention turns to the independence and impartiality expected of the next Chief Justice.

The very reserved Justice Issifu Omoro Tanko Amadu is on the list. He was a Justice of the High Court from 2008 to 2012.

He became an appellate court judge in 2012. He was nominated by President Nana Akufo-Addo.

He is the first Muslim to serve on Ghana’s Supreme Court. His judicial decisions are highly respected.  

Justice Senyo Dzamefe, a trained teacher, presents a distinct professional profile, with approximately 38 years of judicial experience, including service in Ghana’s former public tribunal system.

His judicial career began in 1988, four years after he was called to the Bar.

He subsequently became a High Court judge in 2000 and a Justice of the Court of Appeal in 2010 before his elevation to the Supreme Court in July 2025.

At the time of his appointment to the apex court, the Judicial Service described him as the longest-serving Justice of the Court of Appeal.

Beyond adjudication, Justice Dzamefe has served as President of the Association of Magistrates and Judges of Ghana (AMJG), a member of the Judicial Council, and Chairman of the Judiciary’s Disciplinary Committee.

He has also participated in committees dealing with judicial appointments, court administration, and the development of court rules.

These responsibilities are particularly relevant because the Chief Justice is not merely the most senior judicial officer but also exercises important administrative and leadership functions within the Judicial Service.

Justice Dzamefe gained additional public prominence when he chaired the commission established to investigate Ghana’s participation in the 2014 FIFA World Cup in Brazil.

The commission examined financial and administrative controversies surrounding the tournament and produced findings that were subsequently addressed in a government White Paper.

During his Supreme Court vetting in June 2025, Justice Dzamefe advocated technological improvements in court administration, including virtual hearings, electronic transcription, improved judicial infrastructure and better working conditions for judicial personnel.

His extensive administrative experience could make him a significant figure in discussions about the next Chief Justice.

However, his age could become a major consideration.

Justice Dzamefe was born in November 1957, meaning he would reach the mandatory retirement age in November 2027

An appointment after December 2026 would therefore leave him with less than a year to implement any major institutional reforms before retirement.

Justice Avril Lovelace-Johnson is another experienced judicial officer whose professional background could attract attention.

She has accumulated approximately 36 years of judicial experience, having entered judicial service around 1990.

Unlike some colleagues appointed directly from private practice to the Supreme Court, she progressed through the various levels of the Judiciary, serving in the magistracy, Circuit Court, High Court, and Court of Appeal before joining the Supreme Court in December 2019.

Her experience across the judicial hierarchy provides considerable familiarity with the challenges facing Ghana’s lower courts, where most citizens encounter the justice system.

Justice Lovelace-Johnson also represents Supreme Court justices on the Judicial Council, giving her direct involvement in matters relating to judicial governance.

Her judicial work includes a February 2024 decision in Electroland Ghana Limited v Paulina Adomako, which examined property ownership and the circumstances under which property could be attached to satisfy financial obligations.

Her career could appeal to those who believe the next Chief Justice should possess practical knowledge of the entire judicial system rather than experience confined largely to the Supreme Court.

Justice Emmanuel Yonny Kulendi represents another route to the country’s highest judicial office.

He joined the Supreme Court in May 2020 after approximately 26 years in private legal practice, specializing in commercial litigation, investment disputes and arbitration.

Unlike Justices Lovelace-Johnson, Dzamefe, and Adibu-Asiedu, Justice Kulendi did not progress through the lower courts before joining the Supreme Court.

His appointment followed a distinguished career as a private legal practitioner.

Justice Kulendi has since participated in several important constitutional and appellate proceedings.

In January 2026, he authored the majority opinion in the Kpandai parliamentary election dispute, holding that the election petition had been presented outside the statutory deadline and that the High Court lacked jurisdiction to determine it.

He also delivered a dissenting opinion in a separate Supreme Court review matter concerning criminal disclosure and fair-trial procedures.

His background combines extensive courtroom advocacy, commercial law expertise, and experience in constitutional adjudication.

However, questions about his suitability for the office of Chief Justice would necessarily extend beyond legal knowledge to his capacity to manage the wider Judiciary, including lower courts and administrative institutions.

Justice Samuel Kwame Adibu-Asiedu has approximately 30 years of judicial experience, having begun his career on the bench as a magistrate in 1996.

Before joining the Judiciary, he worked in legal aid and with the Commission on Human Rights and Administrative Justice (CHRAJ).

He subsequently served in the Circuit Court, High Court and Court of Appeal before his elevation to the Supreme Court in December 2022.

His professional journey has given him considerable experience in criminal, civil, and constitutional proceedings at various levels of the judicial system.

In June 2024, Justice Adibu-Asiedu authored the lead judgment in the Supreme Court case challenging the Food and Drugs Authority’s restrictions on celebrity alcohol advertising.

The court upheld the restrictions by a 5–2 majority, with the judgment examining the relationship between constitutional protections and public health regulation.

He also delivered a separate concurring opinion in the January 2026 Kpandai parliamentary election dispute.

Justice Adibu-Asiedu was among the members of the committee that investigated petitions concerning former Chief Justice Torkornoo.

His experience across the lower and superior courts could be relevant to efforts to address delays, improve case management and strengthen access to justice.

Justice Sir Dennis Dominic Adjei brings another dimension to the succession debate through his combination of private legal practice, appellate judicial service, legal scholarship, and international judicial responsibilities.

Called to the Ghana Bar in 1993, he spent approximately 17 years in legal practice before joining the Court of Appeal in July 2010. He was born on March 25, 1964, which means he has 8 years to serve on the Supreme Court bench.

He was elevated to the Supreme Court in July 2025.

Justice Adjei has also held leadership responsibilities at the Judicial Training Institute and participated in judicial education and court oversight.

He has authored several legal textbooks covering criminal law, statutory interpretation, constitutional law, land law, and human rights.

His international experience includes election to the International Criminal Court’s Advisory Committee on Nominations of Judges in December 2021.

In 2022, he was elected a judge of the African Court on Human and Peoples’ Rights.

These appointments have given him exposure to international judicial institutions, human rights adjudication, and judicial standards beyond Ghana.

His Supreme Court decisions include a January 2026 majority opinion rejecting the Attorney-General’s application to review an earlier ruling on criminal disclosure procedures.

He also authored an April 2026 judgment examining restrictions on voting rights following convictions for electoral offenses.

Justice Adjei’s professional background could be particularly relevant to discussions about judicial training, institutional modernization and international best practices.

Unlike Justice Dzamefe, whose reported retirement date would leave a relatively short period in office, Justice Adjei could potentially serve for several more years if appointed, subject to confirmation of his date of birth.

These differences demonstrate why years spent on the Supreme Court alone may not provide a complete measure of a candidate’s suitability for the office of Chief Justice.

Beyond the seven attracting attention, the Supreme Court has other serving justices whose professional backgrounds could also become relevant to the appointment process.

They include Justices Professor Henrietta Joy Abena Nyarko Mensa-Bonsu, George Kingsley Koomson, Ernest Yao Gaewu, Henry Anthony Kwofie, Yaw Darko Asare, Richard Adjei-Frimpong, and Kweku Tawiah Ackaah-Boafo.

Before joining the bench, Justice Ackaah-Boafo had worked as a legal practitioner in Canada.

Others include Justices Sophia Rosetta Oduokunwa Bernasco-Essah, Edward Amoako Asante and Anthony Forson Jr., who were sworn into office in September 2026.

Justice Mensa-Bonsu, a distinguished legal academic and Professor of Law at the University of Ghana, brings extensive expertise in criminal law and criminal justice.

The presence of these other justices underscores the fact that the emerging discussion around seven names does not necessarily limit the President’s constitutional options.

One important factor in the succession debate is the number of years each potential appointee would have before reaching the constitutional retirement age.

Article 145 of the Constitution provides that Supreme Court justices ordinarily retire at 70.

Consequently, an appointment of a justice nearing retirement could result in another relatively short tenure, potentially requiring President Mahama to make another Chief Justice appointment within a brief period.

Conversely, selecting a younger justice could provide a longer period for implementing institutional reforms.

However, age alone cannot determine competence, independence, or suitability for judicial leadership.

Ghana’s history shows that Chief Justices have emerged from different professional backgrounds.

Former Chief Justice Georgina Theodora Wood assumed office in 2007 after more than three decades of judicial service, having earlier served as a police prosecutor.

She was a mentee of the late, respected legal brain Bernard João da Rocha, alias “BJ da Rocha,” a founding member and the first National Chairman of the New Patriotic Party (NPP). He was also the first Ghanaian Director of the Ghana School of Law

Justice Sophia Akuffo became Chief Justice in 2017 after approximately 22 years on the Supreme Court.

Justice Gertrude Torkornoo was appointed in 2023 after approximately 19 years on the bench, including four years on the Supreme Court.

These precedents demonstrate that extensive lower-court experience, Supreme Court seniority, and administrative competence have all featured in previous appointments.

Whoever succeeds Justice Baffoe-Bonnie will inherit a Judiciary facing significant institutional challenges.

Concerns about prolonged litigation, inadequate court infrastructure, the affordability of legal proceedings, and public confidence continue to dominate discussions about the administration of justice.

In June 2023, then Chief Justice Gertrude Torkornoo disclosed that only 12 percent of Ghana’s courts had achieved full digitalization, despite previous efforts to modernize judicial operations.

Although that figure does not necessarily reflect the position in 2026, it illustrates the scale of the technological challenges the Judicial Service has faced.

Public confidence is another concern. According to Afrobarometer findings published in December 2025, only 35 percent of Ghanaians surveyed expressed trust in the courts.

The findings also indicated that 37 percent believed they could afford court proceedings, while 38 percent believed cases would be resolved within a reasonable time.

These figures reflect public perceptions rather than evidence of wrongdoing by individual judicial officers.

Nevertheless, they highlight the importance of selecting a Chief Justice capable of restoring confidence in the justice system and improving the delivery of justice.

The next Chief Justice will also be expected to promote judicial independence, strengthen ethical standards, improve working conditions, and ensure that the courts remain accessible to ordinary Ghanaians.

For President Mahama, the impending vacancy presents another opportunity to shape the leadership and direction of the Judiciary, which he lamented while in opposition.

His choice will be closely examined against the background of the controversial removal of former Chief Justice Gertrude Torkornoo and the subsequent appointment of Justice Baffoe-Bonnie.

The President will have to weigh competing considerations, including seniority, professional experience, constitutional expertise, judicial temperament, administrative competence, independence, and the number of years a prospective appointee could serve.

Justice Pwamang, 66, offers the longest Supreme Court experience among the seven; Issifu Omoro Tanko Amadu, 69, is laid-back and prefers to operate on the back burner, while Justice Dzamefe, a highly approachable personality, brings the most extensive overall judicial and administrative background.

Justice Lovelace-Johnson, 65, represents decades of experience across the judicial hierarchy, while Justice Adibu-Asiedu, 60, offers a similar career progression through the lower courts.

Justice Kulendi, 62, brings extensive experience in private legal practice and commercial litigation, while Justice Adjei, 62, combines appellate adjudication with judicial education, legal scholarship, and international judicial responsibilities.

Each possesses a different professional profile, but none can be described as the President’s preferred candidate without evidence of an official nomination or credible confirmation of the selection process.

Ultimately, the question confronting President Mahama is not simply who has spent the longest period on the bench, but who possesses the combination of independence, integrity, leadership, and administrative ability required to steer the Judiciary through its present challenges.

With Justice Baffoe-Bonnie’s retirement approaching on 26 December, attention will increasingly focus on the Presidency, the Council of State, and Parliament as Ghana prepares for another transition in the leadership of its Judiciary. It is, however, hoped that the President will conduct broader consultations before announcing his choice.