Lawyer Sosu’s comments on judges not contemptuous – Kwaku Azar

US-based Ghanaian legal practitioner, Prof. Kwaku Asare, popularly known as Kwaku Azar, has come to the defense of National Democratic Congress (NDC) Member of Parliament (MP) for the Madina Constituency, Mr. Francis Xavier Sosu, over his comments on judges.

According to Prof. Azar, the statement made by the lawmaker is not contemptuous adding that, it has been explained wrongly by the Ghana Bar Association (GBA), among others, finding harm out of the statement.

In a Facebook post sighted by The New Publisher, Prof. Azar further explained that, the “if you make yourself a political Judge you will be treated politically and your tenure of office will run with the political party that you favour” comment made by lawyer Sosu is harmless.

“For the avoidance of doubt, IF you make yourself a political public servant (nurse, academic, etc.) you will be treated politically and your tenure of office will run with the political office that you favour DOES NOT & CANNOT mean that some public servants seek refuge and hide behind political parties and behave as political public servants.

Let us not use a purposive interpretation to turn the conditional, general and harmless statement into a categorical, directed, and contemptuous statement” the post reads.

The lawmaker made the statement on Thursday, February 10, 2022 during the ‘Yentua’ demonstration which was led by the youth wing of the NDC to express their opposition to the Electronic Transaction Levy (E-Levy), which is before Parliament for consideration.

However, GBA has since condemned the conduct of the MP, describing it as not only “unprofessional and unfortunate”, but also “irresponsible and distasteful.”

In a response, Francis-Xavier Sosu expressed distaste about how his assertion has been received by the Ghana Bar Association (GBA).

Mr. Sosu described the GBA’s reservation as among other things, misplaced in its scheme of objectives adding that the association has become “rather a monumental failure to our democracy.”

“It is a wonder to know that the Ghana Bar Association still exists in this country following your loud silence on critical matters of national concern which relate to the Bar, Legal Education, Mistreatment of Lawyers, lack of welfare for Lawyers, Human Rights abuses, Press freedom and justice delivery among others in Ghana.

“The statement was a conditional statement and no amount of twists and turns will extricate judicial officers and judges who will allow themselves to become agents of political agenda,” he said in a statement.

According to him, the GBA is creating a false impression about his statement by their press release suggesting that “judges would lose their jobs when the party that appointed them loses power.”

“My statement was clear ‘If you are a political judge, you will be dealt with politically… Judges owe a duty to the Constitution of the Republic of Ghana and the laws of Ghana. If a judge allows him or herself to become an agent of a Political party, the tenure of the said judge will run with the political parties they favour’.

He also blamed the GBA of political bias at the help which he insists is affecting its core duties.

“Unfortunately, the leadership’s Release shows the extent to which they are politically affiliated and bias as Leaders of the Bar Association. Who in Ghana does not know that the GBA Leadership are so politically biased?. What are the core duties of the GBA?”

The human rights lawyer opined that the reaction forms part of machinations to cite him for professional misconduct.

“Again, I have noted the lame attempt by the GBA Leadership to prepare a ground to construe my statements as a Professional Misconduct Contrary to Rule 52 of L. 12423. My statement as a whole did not violate Rule 52 and can never be said to be irresponsible and unethical. Since when did speaking TRUTH to power become unethical and irresponsibility?” he further quizzed.

The MP urged legal professionals to support his call “to stop our judges from becoming political judges in order to guarantee our democracy.”

“The leadership of the GBA is needlessly attacking the voice of conscience that speaks truth though it hurts badly.”

He also challenged the Association to channel its energies towards regaining its ‘lost focus and relevance’.

“In conclusion, I would continue to uphold and defend the 1992 Constitution without fear or favour. My duty as a lawyer to hold the Profession in high esteem does not include keeping quite on critical matters that bothers on bad governance practices, human rights abuses, and politicisation of independent institutions of state. I owe it to the good people of Ghana and the good people of Madina who gave me a chance to serve them as their Member of Parliament.

My statement was very clear and let me say in the words of Bob Marley that “who the cap fit, let him wear it” he concluded.