The Member of Parliament (MP) for Madina constituency, Francis-Xavier Sosu, in a response to a statement from the Association of Magistrates and Judges of Ghana (AMJG), has maintained his statement about ‘political judges’ was not meant to malign the judiciary.
According to him, it was only an act of holding the judiciary to account through public criticism.
The Association of Magistrates and Judges had taken great exception to a statement made by the Madina MP during an E-Levy protest.
Mr Sosu, who is also a legal practitioner, said: “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.”
The AMJG described the comment as “unfortunate, reckless and misguided” and an attempt to scandalise the judiciary.
However, in his response, Mr Sosu made it clear that he meant none of what the AMJG accused him of in their letter; and expressed his disappointment about how his words could be misconstrued.
He said: “I am highly disappointed in the content of the Statement because the Association clearly misconstrued the content and the context of my statement. For the avoidance of doubt, my statement was indeed DELIBERATE AND WELL THOUGHT OUT except that contrary to their assertion, it was NEVER AN ATTEMPT TO SCANDALIZE THE JUDICIARY.
“Again, I completely disagree with the Association when it said my statement was unprofessional and an unprovoked attack on the Judiciary. The statement was in no way an attempt to either scandalise and attack the Judiciary.
“Rather, it was a CONDITIONAL STATEMENT cautioning judges who may ‘allow themselves to be influenced politically to be partisan’. This counsel to judges must be taken in good faith as it goes to the very roots of our democracy.”
He added that it is rather worrying that the Association is failing to take his counsel in good faith.
“Why should a judge be disturbed by my statement if the said judge does his or her work well and does not allow him or herself to be influenced politically to be partisan? Who the cap fits let him or her wear it!”
Meanwhile, the Association has indicated it would be filing a formal complaint against the MP, who is also a Human Rights Lawyer, at the General Legal Council for action to be taken against him.
Responding to the Association concerning their intent, Mr Sosu questioned the basis for such draconian measures against him and further indicated his resolve not to fight the inquisition.
“I really do not see the basis of any complaint to the General Legal Council. The rules of etiquette of the Bar are not all-encompassing rules of conduct that define how MPs should speak to their constituents. In any event, the effects of ‘if’ Statements in law are clear.
“But obviously if this is not about Rule of Law and due process then the law may not really matter. It may just be a matter of show of power. For an Association of Judges and Magistrates to make a report to the General Legal Council which has the same judges as members, I wonder how a ‘cockroach can be justified in the court of fowls.’ I will not fight for justification where none can be found,” he said.
He added, “Indeed, if this is about Rule of Law, then all judges on the General Legal Council and representatives of the Ghana Bar Association would have to recuse themselves from hearing the complaint they seek to file.
“Be that as it may, perhaps this may be the end of my legal professional journey but I do not fear to leave the ‘noble’ profession for cautioning against ‘ignoble’ acts of few bad nuts that can destroy our democracy.”
Below is the full statement: