Afenyo-Markin slams petition against Supreme Court nominee as “frivolous and dangerous precedent”

Minority Leader and Member of Parliament for Effutu, Alexander Afenyo-Markin, has strongly criticised a petition filed against Supreme Court nominee, Justice Kweku Tawiah Ackaah-Boafo, describing it as “frivolous” and a threat to the integrity of Ghana’s democratic institutions.

Speaking during the Appointments Committee’s vetting session on Friday, the Minority Leader condemned the increasing trend of using baseless allegations to publicly tarnish the reputations of accomplished individuals.

“I am in agreement with the views you’ve expressed for and on behalf of this committee,” he said. “Indeed, as a country, we need to veer off from trivialities and situations where we subject people’s reputation to undue public ridicule.”

The petition in question was submitted by self-styled human rights activist, Anthony Kwabenya Rau, who accused Justice Ackaah-Boafo of judicial misconduct and bias during a 2019 DVLA court case. Rau alleged that the judge “insulted and attacked” him, labelling him a “so‑called ‘Messiah’ international Human Rights Activist” and questioning his legal standing in Ghana.

The petition went further, branding the judge as “arrogant, biased, power‑drunk, an abuser of human rights and supportive of corruption,” while warning that confirming his nomination “will be a disaster at the Supreme Court.”

However, the Appointments Committee dismissed the petition outright on Friday, June 20, describing it as “frivolous, vexatious, and a complete abuse of process.” The Committee’s Chairman, Bernard Ahiafor, based the decision on Article 127(3) of the 1992 Constitution, which protects judges from legal action regarding their judicial conduct.

Afenyo-Markin endorsed the decision, saying,

“I am happy that this committee has boldly stood up for democracy and the rule of law in helping deal with matters as frivolous as what came before us.”

He also expressed concern about the potential long-term consequences of legitimising weak and unsubstantiated petitions, drawing comparisons to the current suspension of the Chief Justice.

“If you look at the ongoing trial of the Chief Justice, we have one Daniel Ofori, who refers to a judgment which the CJ was involved in as a basis for attacking the woman and calling for her removal,” he said.

“If you also read Yakubu Akolgo Ayanga, similar frivolous allegations are made that the Chief Justice made certain pronouncements against him in open court. Unfortunately, these two scenarios have been deemed to constitute a prima facie case amounting to misconduct in justifying an enquiry into the conduct of a Chief Justice, and the Chief Justice is on suspension as a result of this.”

The Minority Leader warned that such developments pose a threat to democratic stability and the credibility of constitutional bodies.

“I am happy that, as a committee, we stood firm to the test and we have risen above pettiness and trivialities,” he affirmed.

In response to public criticism regarding the minority’s approach during the vetting, Afenyo-Markin appealed for a deeper understanding of their constitutional role.

“My second comment has to do with feedback from certain quarters regarding the minority’s stance on some of the issues that have come up as part of this vetting. I would want to pray that the public appreciates where we are coming from.

"We are not here to get personal; we are here to deal with the law and issues of public policy, [and] good governance.”