Government spokesperson Felix Kwakye Ofosu has vehemently criticized the Ghana Bar Association (GBA), accusing it of political bias and hypocrisy. Speaking on Asempa FM’s Ekosii Sen programme on Monday, May 18, Kwakye Ofosu alleged that the GBA has shown selective defence of the judiciary, particularly in its silence over alleged verbal attacks on a judge by Minority Leader Alexander Afenyo-Markin. He asserted that the governing National Democratic Congress (NDC) has historically faced more judicial hostility than any other party.
Context of the Criticism
Kwakye Ofosu’s remarks follow a Facebook post where he declared he had “long dismissed the Ghana Bar Association as an NPP grouping.” He argued that the GBA’s actions regarding judicial matters expose a deep-seated partisanship. The minister’s statements come at a time when discussions around the judiciary’s independence and the boundaries of criticism towards judges are prominent.
NDC’s Historical Judicial Hostility Claim
The Minister of State in charge of Government Communications insisted that no political party in Ghana has endured greater judicial hostility than the NDC. He claimed the opposition New Patriotic Party (NPP) has, conversely, repeatedly benefited from favourable judicial outcomes since assuming power in 2001.
“No one can put together the NPP and the NDC,” Kwakye Ofosu stated. “When we talk about a political party that has suffered historical judicial hostility, it is the NDC. I can provide 30 different examples.”
He elaborated, “There is no political party that has benefited more from judicial bias than the NPP. At least since the year 2000 or 2001, when they assumed power, they have done everything to secure judicial pronouncements in their favour. We in the NDC have endured it all this while.”
Debate on Criticizing Judges
Despite his criticism of Afenyo-Markin’s alleged remarks, Kwakye Ofosu affirmed his belief in the right to criticize judicial decisions without fear of imprisonment. He cited a past instance involving NPP communicator Kwame Baffoe, popularly known as Abronye DC, who publicly challenged a judge’s ruling.
“I am on record regarding that particular case involving Abronye, where I publicly disagreed with the judge,” he recalled. “There was a portion of the judge’s ruling suggesting that Abronye was not equal to others, or that some people were more equal than others. I publicly said that was a very bizarre pronouncement which should not stand. For that matter, he should set Abronye free.”
Kwakye Ofosu maintained that criticism of state institutions, including the judiciary, should not lead to criminal sanctions unless it threatens national peace or endangers lives. “I have also said that, as far as I am concerned, if someone has not said anything that would bring havoc upon any judge or threaten the life of a judge, or anything that would destroy the peace of this country, there is no need to put the person before the law or imprison them,” he explained.
Distinction Between Criticism and Abuse
However, Kwakye Ofosu drew a clear line between legitimate criticism and direct abuse of judges. He revealed that he had personally spoken with Minority Leader Afenyo-Markin about the matter.
“There is a difference between disagreeing with a judge, pointing out aspects of the law you believe the judge failed to follow or got wrong, and directly abusing the judge in the manner that Honourable Afenyo-Markin did,” he stated. “In fact, Honourable Afenyo-Markin, I spoke with him this afternoon and told him that he went way too far in his submissions.”
He emphasized that Ghana’s legal framework provides avenues for challenging judicial decisions through appeals and higher courts, rather than public attacks. “You can go to a superior court to set aside the judge’s ruling, and it has been done many, many times in Ghana,” he noted. “But to single out a judge and say you will disrespect him — that is way too much. That is a frontal abuse of a particular judge.”
Accusations Against the Ghana Bar Association
A significant part of Kwakye Ofosu’s critique was directed at the GBA, which he accused of abandoning its role as a defender of judicial independence when matters involved the NPP. He cited historical instances where the GBA acted swiftly against individuals perceived to have attacked the judiciary.
He referenced the removal of former GBA President Nii Osae Mills in 2008 after criticizing a judge who jailed Tsatsu Tsikata. Kwakye Ofosu also recalled occasions when then-former President John Dramani Mahama criticized judicial outcomes while in opposition, stating the GBA was quick to condemn him publicly.
“In one instance, they gave their platform to both Attorney General Godfred Odame and former President Nana Akufo-Addo to attack President Mahama for expressing disquiet about judicial outcomes,” he claimed. He contrasted these actions with the GBA’s alleged “deafening silence” regarding comments attributed to Afenyo-Markin.
Implications for Public Confidence
Kwakye Ofosu warned that the GBA’s conduct risks eroding public confidence in both the legal profession and the judiciary. “When you do that, you undermine public confidence in the association because, for many years, the posture they adopted was that, first of all, they defended the judiciary, and on matters relating to human rights violations, they also spoke about them,” he argued.
He further recalled an incident nearly three decades ago when the Greater Accra Regional Branch of the GBA withdrew legal services after the Supreme Court held one of its members in contempt for attacking the judiciary. “They have done all of this in the past, yet when it comes to matters relating to the NPP, they keep silent — see no evil, hear no evil, say no evil,” he stated.
Call for Transparency and Future Watch
The minister insisted that the GBA should openly declare any political affiliation if it intended to continue its perceived partisan conduct. “You can tell that what they have done is unprincipled and that they need to be called out,” he asserted. “We have to reveal the truth and publicly acknowledge that the way the Ghana Bar Association operates is not fair and not balanced. If they are a partisan association, they should let us know so that there is no public expectation of them performing any function beyond supporting the NPP.”
This exchange highlights ongoing tensions surrounding judicial accountability and political discourse in Ghana. Observers will be watching to see if the GBA responds to these allegations and how these criticisms might influence public perception of the legal fraternity and the judiciary’s role in democratic processes.
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