Sosu’s ‘political judges’ comment ‘harmless’ – Kwaku Azar

Madina MP accuses some members of the bench of being 'political judges'

Ghana Bar Association describes MP's comment as 'irresponsible'

Sosu fights Judges' Association and Ghana Bar Association

A US-based Ghanaian lawyer and scholar, Professor Stephen Kwaku Asare alias Kwaku Azar has waded into the controversy brewing over Madina Member of Parliament, Francis-Xavier Sosu's ‘political judges’

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The academic in a social media post suggested that the comment made by the MP was ‘harmless’.

He explained that a conditional statement should not be misconstrued into meaning a directed and contemptuous statement.

“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,” Professor Asare posted on his Facebook timeline.

Background

There has been a standoff between the Madina MP on one hand and the Association of Magistrates and Judges of Ghana (AMJG) and the Ghana Bar Association on the other hand.

During the NDC’s ‘Yentua’ demonstration on February 11, the Madina MP in a media engagement cautioned judges to steer away from politics.

He warned that judges who engage in politics will be ‘fished out’ when power changes hands.

“If you are a judge, your fidelity is to the constitution of Ghana and the laws of Ghana. If you allow yourself to be used as a political judge so that you can do the bidding of the ruling government be warned, be warned because we are watching closely at you and in the event that there’s a change of power, every political judge will be fished out, every political judge will be dealt with politically. “So please stick with the law let us do our politics,” Sosu told the media.

However, the comments did not sit well with GBA who said the MP’s comments were “ignorant and irresponsible”.

“The GBA finds the assertion by Francis-Xavier Sosu very unprofessional, unfortunate, irresponsible and distasteful and 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,” part of the GBA statement read.

In response to GBA’s letter, Sosu said he was unperturbed by the concerns raised by GBA regarding his comment, adding, “no amounts of twists and turns will extricate judicial officers and judges who would allow themselves to become agents of political partisan agenda.”

He maintained that he stands by his statement “any day, anytime."

The Association of Magistrates and Judges of Ghana (AMJG) has in recent time stated that it will lodge a formal complaint against Madina MP and Private Legal Practitioner, Francis-Xavier Sosu, with the General Legal Council (GLC).

Sosu has also responded to AMJG stating that he does not fear leaving the legal profession for cautioning judges.