The Ghana Bar Association (GBA) has strongly condemned public remarks made by Minority Leader Alexander Afenyo-Markin against a Circuit Court judge, deeming them inappropriate and a potential threat to the independence of the judiciary. The GBA stated on Monday, May 18, that it would not condone such actions by legal practitioners that undermine judges or the integrity of the court system.
Context of the Controversy
The controversy erupted following comments made by Mr. Afenyo-Markin at a press conference on Sunday, May 17, 2026. He expressed concerns over the remand of Kwame Baffoe, the Bono Regional Chairman of the New Patriotic Party (NPP), also known as Abronye DC. Afenyo-Markin argued that the continued detention raised constitutional questions regarding bail and freedom of expression.
During the same press conference, Mr. Afenyo-Markin launched a direct and sharp critique of the presiding judge. He stated, “That Circuit Court 9 judge, I have no respect for him. I pray he summons me for contempt. I will continue to disrespect him until he upholds the law. It’s a shame on the judiciary, he doesn’t talk law.” These statements have been widely interpreted as an attack on the judge’s competence and impartiality.
GBA’s Stance and Justification
Saviour Kudze, the GBA’s Public Relations Officer, speaking on Joy FM’s Top Story, emphasized that while judicial decisions can be subject to criticism, legal professionals must adhere to established procedures. “We will never condone such conduct. Over the years, we have consistently cautioned and condemned similar behaviour by lawyers,” Kudze stated.
He further elaborated on the proper channels for addressing judicial dissatisfaction. “If you are dissatisfied, you appeal. You don’t go on air to attack the judge,” he advised. Kudze highlighted that Afenyo-Markin, as a senior lawyer and holder of a significant public office, ought to have exercised greater restraint and professionalism. “I will not mince words in saying that what the Minority Leader, a senior lawyer at the Bar, has done is condemnable at every level. A senior lawyer who also holds a public position ought to have done better,” he added.
The GBA referenced past instances, including comments made concerning lawyer Francis-Xavier Sosu in 2022, to underscore its consistent position against such public attacks on the judiciary. The association maintains that such public pronouncements can erode public confidence in the judicial system and potentially intimidate judges.
Counterarguments and Accusations
In a separate development, Felix Kwakye Ofosu, Minister of State in charge of Government Communications, criticized the GBA’s response. He accused the association of selective silence, suggesting that its failure to condemn Afenyo-Markin’s comments stemmed from an alleged alignment with the New Patriotic Party (NPP).
Ofosu implied that the GBA’s stance was politically motivated rather than a principled defense of judicial independence. This counter-accusation introduces a layer of political commentary to the GBA’s professional condemnation.
Implications for Judicial Independence
The GBA’s strong reaction underscores a critical concern within the legal fraternity: the safeguarding of judicial independence. Public officials, particularly senior legal practitioners, holding positions of influence are expected to uphold the rule of law and respect the judiciary’s role.
Afenyo-Markin’s comments, if left unaddressed, could set a precedent that encourages public criticism of judges outside of formal legal processes. This could lead to a chilling effect on the judiciary, where judges might feel pressured or intimidated, compromising their ability to deliver impartial justice.
What to Watch Next
The GBA’s firm stance signals a commitment to defending judicial integrity. It remains to be seen whether Mr. Afenyo-Markin will respond to the GBA’s condemnation or if further actions will be taken by the association or other legal bodies. The ongoing debate highlights the delicate balance between public scrutiny of judicial decisions and the imperative to protect the independence and authority of the courts. Observers will be watching to see how this situation impacts public discourse on the judiciary and the professional conduct expected of legal and political figures in Ghana.
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