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Legal practitioner and governance expert Austin Kwabena Brako-Powers has condemned Minority Leader Alexander Afenyo-Markin’s comments targeting a Circuit Court judge who recently denied bail to New Patriotic Party (NPP) member Abronye DC, describing the remarks as “reprehensible, disappointing, and shameful.”
The controversy arose from proceedings at Circuit Court 9 in Accra, where Abronye DC was arraigned on charges under Sections 207 and 208 of the Criminal Offences Act, 1960 (Act 29), and subsequently denied bail by the presiding judge. The ruling sparked political debate, with supporters questioning whether bail should have been granted at the initial stage.
Brako-Powers emphasized that bail is a matter of judicial discretion, not an automatic entitlement. “Bail is discretionary. It is not a constitutional right in the unqualified sense that many people—including, apparently, some politicians—seem to believe. Under Section 96(5) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), courts consider factors such as the nature of the offence, likelihood of attendance at trial, and the interests of justice when granting or withholding bail,” he explained.
He further noted that the judicial system provides mechanisms for review, highlighting that the Accra High Court subsequently granted Abronye DC bail in the sum of GH¢100,000 with two sureties, reflecting the layered oversight within the judiciary.
Brako-Powers drew a clear line between lawful critique and personal attacks on judges, warning that the latter undermines judicial integrity and independence. “Judges are not above criticism. Judicial decisions must be open to scrutiny, academic commentary, professional critique, and public debate. But personal attacks risk eroding public confidence in the justice system and weakening respect for judicial office holders,” he stated.
He cautioned that politicians who publicly attack judges for decisions they dislike do not strengthen democratic rights but rather weaken the institutions that uphold them. Ghana’s democracy, he noted, requires restraint from political actors, urging that disagreements with court decisions should be addressed through legal channels rather than partisan attacks.
While reaffirming the importance of free speech under Article 21(1)(a) of the 1992 Constitution, Brako-Powers clarified that this right does not extend to attacks on judicial officers performing their constitutional duties.
At the same time, he acknowledged that concerns raised by the opposition NPP regarding alleged weaponization of state institutions merit attention, describing them as part of a broader democratic debate. He observed that such political tensions and accusations have occurred across multiple administrations, including between 2017 and 2024.
Story by Efua Nessa