From Courtroom to Streets: Impunity Breeds Violence
Ghana’s enviable reputation as a stable democracy in Africa rests squarely on two pillars: the rule of law and the independence of the judiciary. These principles are safeguarded by the strict separation of powers, ensuring that judges remain impartial arbiters of conflict. When citizens disagree with judicial outcomes, our constitutional order prescribes lawful remedies—appeals, reviews, or habeas corpus—not public intimidation.
Yet, a dangerous precedent was set when Minority Leader Alexander Afenyo-Markin launched a public attack on the presiding judge of Accra Circuit Court 9. Following the remand of Kwame Baffoe (Abronye DC), the lawmaker declared: “That Circuit Court 9 judge, I have no respect for him… I will continue to disrespect him,” daring the bench to cite him for contempt. What began as a grievance over a six-day delay in producing a remand record book escalated into a vow of permanent disrespect—an act that undermines judicial authority and threatens democratic stability.
Why This Matters
The Ghana Bar Association (GBA) swiftly condemned Afenyo-Markin’s remarks as unprofessional and a direct assault on judicial independence. While some political voices, such as Felix Kwakye Ofosu, accused the GBA of partisan bias, the core issue remains: no individual, regardless of political stature, is above the law.
For a senior lawyer and legislator to openly scandalize the court is not mere political theatre—it is a constitutional infraction with grave implications.
The Legal and Constitutional Infractions
- Violation of Judicial Independence (Article 125, 1992 Constitution): Judicial power is vested solely in the courts. Publicly insulting a judge over an active bail decision constitutes interference with judicial functions.
- Misuse of Parliamentary Privilege (Articles 115 & 117): Immunity applies only to statements made in Parliament or its committees. As legal scholar Justice Abdulai clarified, press briefings and social media outbursts are not protected.
- Criminal Contempt (Scandalizing the Court): Questioning a judge’s qualifications and pledging permanent disrespect erodes public confidence in justice.
- Breach of Legal Profession Conduct Rules: As a practicing lawyer, Afenyo-Markin violated professional etiquette and his oath to uphold respect for the courts.
A Pattern of Impunity
This is not the first time Afenyo-Markin’s conduct has raised alarm. Reports of him allegedly slapping a police officer without consequence deepen public concern. When such acts of violence by lawmakers go unpunished, they send a dangerous signal—that authority shields misconduct.
The youth are watching. Already, troubling signs of imitation are evident: Senior High School students wielding machetes and causing mayhem on High Street. Such scenes reflect a breakdown of respect for lawful order, fueled by the belief that leaders can act with impunity.
Unchecked, this culture of defiance risks normalizing violence as a legitimate form of political or social expression. Ghana cannot afford to let its democratic fabric unravel under the weight of lawlessness.
Recommendations for Action
1. Judicial Citation for Contempt: The Circuit Court or High Court should suo motu summon Afenyo-Markin to answer for his remarks.
2. General Legal Council Review: The GLC must investigate and, if necessary, sanction him—ranging from suspension to disbarment.
3. Parliamentary Privileges Committee Referral: Parliament must remind its leaders that respect for co-equal arms of government is non-negotiable.
4. Proper Legal Channels: If the Minority Caucus disputes the bail denial or record delay, the remedy lies in appeal or habeas corpus—not media trials.
5. Law Enforcement Accountability: Allegations of assault against police officers must be investigated transparently, with consequences applied regardless of political status.
6. Youth Engagement: Civic education programs should urgently address the dangers of political mimicry, ensuring young people understand that violence is not a path to justice.
7. Civic De-escalation: Politicians must stop branding judges as partisan. Such rhetoric corrodes trust in peaceful legal redress.
Democracy Demands Discipline
True patriotism is measured not by defiance of institutions but by respect for them—even when their decisions are inconvenient. Afenyo-Markin’s outburst, coupled with allegations of assault against law enforcement, is a stark reminder of how quickly political passion can override legal reason. If leaders claim immunity from respecting the courts and the police, ordinary citizens will follow suit, eroding the very foundation of democracy.
Ghana must categorically reject the normalization of judicial disrespect and political impunity. The Constitution is supreme, and its authority must apply equally to the politician in the luxury vehicle and the ordinary man on the street. For Ghana to remain strong, our judiciary and law enforcement must stand free from political intimidation—and our institutions must act decisively to protect them.
✍️ Retired Senior Citizen, For and on behalf of all Senior Citizens of the Republic of Ghana 🇬🇭
Teshie-Nungua
[email protected]
