The Ghana Bar Association (GBA) has condemned the comments by Francis Xavier Sosu the Member of Parliament for Madina Constituency about some supposed “political” judges on the Bench.
According to the Association, the GBA finds the assertion by Francis Xavier Sosu Esq. very unprofessional, unfortunate, irresponsible and distasteful and that same smacks of deep-seated ignorance, as the tenure of judges per the Constitution, 1992, and other relevant laws, is never in any way whatsoever tied to the tenure of the political regime under which judges are appointed.
A statement issued and signed by both the National President and the National Secretary of the GBA explained that Judges, unlike political office holders, are not elected into office, hence it is reckless for anybody to give the slightest suggestion that the tenure of judges are linked to the tenure of the political regimes under which judges are appointed.
GBA argued that the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423) forbids a lawyer from making a statement about judicial and legal officials which the lawyer knows to be false or with reckless disregard for its truth or falsity concerning the qualification and integrity of judicial and legal officials.
GBA’s statement follows comments by the Madina MP which suggests that the tenure of office of judges is tied to the tenure of the political regime under which judges are appointed, and further that “political judges will be treated politically.”
He is quoted to have also said that “political judges” would lose their offices when the political regimes whose bidding such judges do are no longer in power.
“The GBA takes a dim view of the very unprofessional conduct of Francis Xavier Sosu Esq., and deems same as an unwarranted, unnecessary and unjustified attack on judges. These unwarranted and unnecessary attacks on Judges have a high propensity of creating disaffection and ill-will for Judges and for that matter the Judiciary.”
The statement noted that the appointment and tenure of office of Justices of the Superior Courts are provided for in Articles 144, 145 and 146 of the Constitution, 1992. In particular, Article 146.
The GBA however cautioned all lawyers, irrespective of their status in society, to refrain from visiting unwarranted and unnecessary attack on members of the Judiciary and Judges for that matter.
“Again, lawyers must always be circumspect and make strenuous efforts to make or give a true representation of the position of the law on each and every matter at all times. Our society stands to benefit a great deal when lawyers communicate the true and proper position of the law on every subject matter.”
By: Kofi Yirenkyi
