One of the three latest nominees of President Akufo-Addo to the Supreme Court, Justice Henry Anthony Kwofie, says there is no need to enact a law to regulate judges’ use of the power of contempt.
The power of contempt allows judges to summarily punish persons who disobey orders of the court or disrupts legal proceedings in a court.
The power has been used in Ghana to punish journalists and other commentators who use language some judges do not like and has been criticised by some lawyers and media professionals.
When asked by Madina MP, Francis-Xavier Sosu, at the Appointments Committee’s hearing whether there should be a law to regulate this power, Justice Anthony Kwofie, currently Justice of the Court of Appeal, explained that commentators and media professionals must rather be circumspect of their language.
He argued that it is the only tool available to judges to defend themselves when they are being targeted for abuse in the media, thus curtailing that power would be unfair to the judges.
“Honourable Chair, I don’t think there should be a law as you have now in UK for example on contempt. But in all honesty how many contempt cases come before the court across the country in a year? Very few. And where people make so much noise is the contempt involving the media.
“Seems to me that’s where the problem really is. People say this judge, this media house or this journalist is being – but judges are attacked, people are hounded and they use all manner of strange language and the courts have no, if you like, we don’t carry guns.
“The only power a judge has that is used is not something that is used, I mean, every day. Once in – I don’t even remember for the number of years I have sat as a judge to have convicted somebody of contempt, and I know a lot of my colleagues have the same attitude.
“But you see, sometimes people should be able to also control their emotions, their language and recognize that judges are also human beings. You attack, you hound, you insult, it’s our way of making sure that such a person is brought to justice to know that at least even though we don’t carry a gun, that is the only way we can [defend ourselves]. I don’t think that there should be a law,” he said.
After his vetting, the committee will interact with the two other nominees, Yaw Darko Asare and Richard Adjei-Frimpong, who also serve on the Court of Appeal.
The Appointments Committee is chaired by the First Deputy Speaker of Parliament, Joseph Osei Owusu.
He is expected to superintend the process and submit a report to the plenary for consideration.
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