Out of order?
I am scandalised! Before I set your minds racing trying to fathom what has irked me so much, let me put your minds at rest.
It is the vituperative tantrum of Afenyo Markin thrown at no less an official than the current sitting judge at Circuit Court 9.
The sin of this ‘hapless’ judge ‒ I use the word advisedly in the sense that judges, by the nature of their work, cannot mount any defence to any public attack ‒ was that he remanded Kwame Baffoe, aka D.C ‘Abronye’, the Bono Chairman of the New Patriotic Party, in custody in an unsuccessful bail application.
The reaction of the Minority Leader, himself a senior lawyer at the Bar, is what is messing up my mental disposition.
At this point, in order to lighten the mood, I should recount the circumstances in which I was initially asked to comment on this issue.
After a rather hectic day at court, I was jaded after a marathon cross-examination session, so I made a beeline to Shoprite in order to get myself a treat when I received a call from GH1 TV ostensibly for my comments on what Afenyo Markin had said about the judge.
So, I had to conduct the interview in the supermarket, much to the amusement, if not bemusement, of shoppers. Talking law, constitutionalism and the independence of the judiciary in the midst of a busy supermarket is the stuff of legend!
What Afenyo Markin did in attacking the Circuit Court 9 Judge over the remand of Kwame Baffoe was deeply unfortunate and dangerous for Ghana's constitutional democracy.
Reports indicate that the Minority Leader publicly declared that he had “no respect” for the judge and even dared the court to cite him for contempt. This is not merely political rhetoric, it strikes at the heart of judicial independence.
A lawyer ‒ and a senior one at that ‒ and the Leader of the Minority in Parliament, is expected to understand that disagreements with judicial decisions must be challenged through lawful processes: appeals, reviews and legal argument.
The courtroom, not the political podium or a press conference, is the proper arena for contesting judicial rulings. When a senior lawyer abandons these established mechanisms and resorts to public intimidation and ridicule of a judge, he weakens public confidence in the administration of justice.
Danger
The danger is profound. Courts possess neither the purse nor the sword.
Their authority rests almost entirely on public confidence and institutional respect.
Once political actors begin encouraging citizens to treat judges with contempt whenever decisions go against them, the entire justice system begins to erode.
Today, it may be a Circuit Judge; tomorrow, it could be the Supreme Court.
Eventually, every unfavourable judgement becomes a political conspiracy in the eyes of partisan supporters.
That path leads not to democracy but to institutional decay.
This matter is even more troubling because the comments came from someone who should know better.
The Minority Leader is not merely a politician; he is a senior lawyer and a lawmaker.
The ethical obligations of the legal profession demand restraint, respect for the bench and fidelity to the rule of law. Indeed, even the Ghana Bar Association has reportedly condemned his remarks as unethical and unprofessional, rightly so.
None of this means courts are beyond criticism. Judicial decisions can and SHOULD be scrutinised.
Ghana’s judiciary is not infallible.
There are legitimate public debates about remand, bail and the balance between free speech and criminal accountability.
Regular readers can testify to spirited campaigns waged constantly on these pages.
Incidentally, just a month ago, the same judge ruled against a bail application made by me on behalf of a client in circumstances that I thought were legally flawed.
I immediately applied to the Human Rights Court [High Court] and secured bail for my client.
That is the beauty of the law: deploying sound legal arguments for justice.
A politician who tells the public that a judge deserves no respect unless he rules in a particular way sends a dangerous signal: that judges must satisfy political expectations or face public vilification.
I honestly hope and believe that is not the agenda of the Minority Leader.
There is an urgent need for all stakeholders to stand up against this, irrespective of political orientation.
The rule of law only survives when even powerful personalities accept that courts must be obeyed, respected and challenged lawfully - never bullied publicly into submission.
The writer is a lawyer.
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