When Politicians Mock the Bench, Ghana’s Democracy Bleeds

“I don’t know where or how the judge at Circuit Court 9 even passed his law exams.” “I have no respect for him.” “That NDC judge should be ashamed of himself.” “I pray he cites me for contempt. ”Those words did not come from a street corner. They came from the floor of Parliament, spoken by Minority Leader Alexander Kwamena Afenyo-Markin. And they cut deeper than a personal insult. They were a public lashing of the judiciary, delivered by a man who also knows how to make the courts move at lightning speed when it suits him. The contradiction is stark. It is also dangerous for Ghana. Two Faces of the Same Court In October 2023, Afenyo-Markin filed an urgent ex-parte application before the Supreme Court. The issue was the Speaker of Parliament’s ruling that declared four parliamentary seats vacant. The Minority Leader invoked the Court’s original jurisdiction under Article 2 and Article 130 of the 1992 Constitution. He argued that the Speaker’s action required immediate interpretation to prevent a constitutional crisis. What happened next became a case study in judicial mechanics. The Mechanics of Speed Ex-Parte Application: In emergency legal situations, a party can ask the Court to hear a request without first notifying the other side. The Court grants this when delay would cause irreparable harm. Original Jurisdiction: Afenyo-Markin’s case touched the interpretation and enforcement of the Constitution. That makes it urgent by law, not by politics. Judicial Discretion: The Chief Justice holds the administrative power to empanel justices and schedule sittings. That includes weekends or after hours if the matter is deemed urgent enough to prevent harm. Precedent Speed: Legal observers noted that then Chief Justice Gertrude Torkornoo empaneled justices and heard the case within hours of filing. A full Supreme Court panel sitting on a weekend was unprecedented .Afenyo-Markin won. The Supreme Court suspended the Speaker’s ruling. The legal process worked, and it worked fast. The Other Side of the Mouth Months later, the same Minority Leader stood in Parliament and tore into Circuit Court 9. He questioned a judge’s competence, declared he had no respect for him, branded him an “NDC judge,” and dared the court to cite him for contempt. The attack does three things at once. First, it personalizes the bench. Second, it attaches party colors to a judge. Third, it dares the institution to respond, knowing Parliament offers protection. That is not criticism. That is intimidation. The Real Controversy. The weekend panel sparked debate. Critics asked whether the judiciary bends faster for politicians than for ordinary citizens. Supporters said the Constitution was clear and the urgency was real. Both sides can argue law. But the bigger question is trust. When a political leader uses the Court’s fastest lane on Friday, then mocks a judge’s intelligence on Monday, the public notices. The message becomes simple: The courts are good when they rule for me, and corrupt when they rule against me. The Double Standard Problem. Every day in Ghana, market women, drivers, and teachers appear before judges. They wait months for dates. They do not get weekend panels. When they lose, the same law says they must appeal, not insult. Contempt of court is real for them. Politicians enjoy the same law. Yet when a ruling goes against their side, the response is often to group together, attack the judge, and frame it as “NDC judges” or “NPP judges.” The law becomes a weapon, not a shield. Justice becomes politics by other means. That is how public confidence dies. Why This Endangers Ghana Erodes Judicial Independence: Judges are human. Constant political attacks and labeling create pressure. If a judge fears being called “NDC” or “NPP” on the radio tomorrow, impartiality suffers. Weakens the Rule of Law: If citizens see leaders disobey court orders or mock judges without consequence, they learn that power is above law. The next chieftaincy dispute or land case turns violent because “court won’t help. ”Invites Retaliation: Today the Minority Leader attacks the bench. Tomorrow the Majority does the same. Soon every ruling is met with a press conference, not a notice of appeal. Damages Ghana’s Image: International investors, democracies, and development partners watch our institutions. A judiciary seen as a political football makes Ghana look unstable. The Path Back to Respect Criticizing judgments is healthy. The law provides appeals, reviews, and academic commentary. Insulting the judge is not criticism. It is contempt, whether or not the court acts on it. Afenyo-Markin is a lawyer and a senior legislator. He knows the difference between challenging a ruling and demeaning a judge. He also knows how to access the Court’s most urgent channels. He cannot in good faith use the judiciary as a shield on weekends and use it as a punching bag on weekdays. Ghana’s 1992 Constitution survived because past leaders, even in anger, defended the institutions. The judiciary is not NDC or NPP. It is Ghanaian. If we break it with partisan labels and public ridicule, we will all stand in the rubble. The Court will still sit. The question is whether Ghanaians will still believe it matters. Bottom line: You cannot run to the Supreme Court at 10pm on a Saturday for justice, then spit on a Circuit Court judge on Monday morning. That is not accountability. That is hypocrisy. And hypocrisy at that level endangers the Republic.

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