Government spokesperson and Minister of State in charge of Government Communications, Felix Kwakye Ofosu, has intensified his criticism of the Ghana Bar Association (GBA).

He accused the legal body of political bias, hypocrisy and selective defence of the judiciary following its silence over alleged verbal attacks on a judge by Minority Leader Alexander Afenyo-Markin.

Speaking on Asempa FM’s Ekosii Sen programme on Monday, May 18, Mr Kwakye Ofosu claimed that the governing National Democratic Congress (NDC) had historically suffered unfair treatment from the judiciary, while the opposition New Patriotic Party (NPP) had repeatedly benefited from favourable judicial outcomes.

The minister’s comments followed a Facebook post in which he stated that he had “long dismissed the Ghana Bar Association as an NPP grouping”, arguing that the association’s conduct on issues involving the judiciary exposed what he described as deep-seated partisanship.

During the interview, Mr Kwakye Ofosu insisted that no political party in Ghana had experienced greater judicial hostility than the NDC.

“No one can put together the NPP and the NDC,” he declared. “When we talk about a political party that has suffered historical judicial hostility, it is the NDC. I can provide 30 different examples.”

According to him, the NPP had enjoyed significant judicial advantages since assuming office in 2001.

“There is no political party that has benefited more from judicial bias than the NPP,” he asserted.

“At least since the year 2000 or 2001, when they assumed power, they have done everything to secure judicial pronouncements in their favour. We in the NDC have endured it all this while.”

Mr Kwakye Ofosu argued that some recent comments by NPP figures sought to portray judges as politically motivated whenever decisions appeared to favour the opposition.

“Just before they recently left office, some of the things they said tended to create the impression that suddenly the entire judicial system had changed and that if something went in their favour, it simply meant those judges were politicians,” he said.

Despite his criticism of Mr Afenyo-Markin’s alleged remarks, the minister stressed that he strongly believed in the right of individuals to criticise judicial decisions without fear of imprisonment.

• READ ALSO: Kwakye Ofosu accuses Ghana Bar Association of political partiality

Mr Kwakye Ofosu referred to a previous case involving NPP communicator Kwame Baffoe, popularly known as Abronye DC, where he publicly challenged a judge’s ruling despite political differences with him.

“I am on record regarding that particular case involving Abronye, where I publicly disagreed with the judge,” he stated.

“There was a portion of the judge’s ruling suggesting that Abronye was not equal to others, or that some people were more equal than others. I publicly said that was a very bizarre pronouncement which should not stand. For that matter, he should set Abronye free.”

He noted that although Abronye later insulted him publicly, he maintained his position that the judge had acted unfairly.

“In fact, when I said so, Abronye hurled insults at me and said a whole lot about me, but I still insisted that the judge had not treated Abronye fairly despite all the political disagreements,” he added.

The minister maintained that criticism of state institutions, including the judiciary, should not result in criminal sanctions unless such comments threatened national peace or endangered lives.

“I have also said that, as far as I am concerned, if someone has not said anything that would bring havoc upon any judge or threaten the life of a judge, or anything that would destroy the peace of this country, there is no need to put the person before the law or imprison them,” he explained.

“Such is my belief; I am very liberal on that principle. So, I would not support anybody being sent to jail merely for criticising a system, whether judicial, executive or legislative.”

Mr Kwakye Ofosu, however, argued that there was a clear distinction between legitimate criticism of judicial rulings and what he described as direct abuse of judges.

“There is a difference between disagreeing with a judge, pointing out aspects of the law you believe the judge failed to follow or got wrong, and directly abusing the judge in the manner that Honourable Afenyo-Markin did,” he said.

He revealed that he had personally spoken with the Minority Leader about the matter and cautioned him over the nature of his comments.

“In fact, Honourable Afenyo-Markin, I spoke with him this afternoon and told him that he went way too far in his submissions,” he disclosed.

According to him, Ghana’s legal framework already provided avenues for challenging judicial decisions through appeals and higher courts rather than through public attacks.

“You can go to a superior court to set aside the judge’s ruling, and it has been done many, many times in Ghana,” he noted. “But to single out a judge and say you will disrespect him — that is way too much. That is a frontal abuse of a particular judge.”

A substantial portion of the minister’s criticism focused on the Ghana Bar Association, which he accused of abandoning its traditional role as a defender of judicial independence whenever matters involved the NPP.

Mr Kwakye Ofosu cited several historical examples where the association had acted swiftly against individuals perceived to have attacked the judiciary.

He referenced the removal of former GBA President Nii Osae Mills in 2008 after he criticised a judge who jailed lawyer and businessman Tsatsu Tsikata.

He also pointed to occasions when the then former President John Dramani Mahama criticised judicial outcomes while in opposition, saying the GBA was quick to condemn him publicly.

“In one instance, they gave their platform to both Attorney General Godfred Odame and former President Nana Akufo-Addo to attack President Mahama for expressing disquiet about judicial outcomes,” he claimed.

He contrasted those actions with what he described as the association’s “deafening silence” regarding the comments attributed to Mr Afenyo-Markin.

Mr Kwakye Ofosu warned that the association’s conduct risked eroding public confidence in both the legal profession and the judiciary.

“When you do that, you undermine public confidence in the association because, for many years, the posture they adopted was that, first of all, they defended the judiciary, and on matters relating to human rights violations, they also spoke about them,” he argued.

He further recalled that nearly three decades ago, the Greater Accra Regional Branch of the GBA withdrew legal services after the Supreme Court held one of its members in contempt for attacking the judiciary.

“They have done all of this in the past, yet when it comes to matters relating to the NPP, they keep silent — see no evil, hear no evil, say no evil,” he stated.

The minister insisted that the Ghana Bar Association should openly declare any political affiliation if it intended to continue what he described as partisan conduct.

“You can tell that what they have done is unprincipled and that they need to be called out,” he said.

“We have to reveal the truth and publicly acknowledge that the way the Ghana Bar Association operates is not fair and not balanced. If they are a partisan association, they should let us know so that there is no public expectation of them performing any function beyond supporting the NPP.”