The Association of Magistrates and Judges of Ghana (AMJG) has expressed strong disapproval over a protest held outside the Supreme Court on Tuesday, 8 October.

In response to the protest, the AMJG, through its president, Justice Henry Kwofie, who also serves as a Justice of the Supreme Court, issued a statement on Thursday, 10 October, condemning the actions of the demonstrators.

Justice Kwofie emphasised that the judiciary operates under strict procedural guidelines, and no case is brought to trial until all necessary legal processes have been completed. He described the protest as an unacceptable act of pressure on the judiciary and expressed concern over the involvement of a sitting Member of Parliament.

“Every court, from the district court through to the Supreme Court, has a procedure that has to be followed by every litigant before the case will be ripe for hearing,” Justice Kwofie stated. He further elaborated that even the Chief Justice does not have the authority to circumvent these procedures.

“How could anybody who knows and who should know better, and who knows that his case is not even ripe for clearing, get up, shout from the rooftop, and ask for judgement to be given in that case?”
Justice Henry Kwofie, President of AMJG

Justice Kwofie’s statement was aimed at highlighting the absurdity of pressuring the courts for a judgement when the case had not yet gone through the required legal channels.

The demonstration, led by Samuel Nartey George, Member of Parliament for Ningo-Prampram, called for the swift hearing of two cases related to the controversial anti-LGBTQI+ bill currently before the court. The protesters demanded an expedited judicial process, urging the Supreme Court to take immediate action on the cases.

Concerns Over Politicisation of Judicial Processes

Justice Kwofie expressed concern over the politicisation of court proceedings, particularly when politicians, such as Samuel George, actively participate in demonstrations aimed at pressuring the judiciary.

According to him, the involvement of a sitting MP in such protests sends the wrong message to the public, as it undermines the independence of the judiciary. He described the insults hurled at the courts by protesters as inappropriate and detrimental to the country’s legal system.

“The judiciary must be respected. The rule of law must be respected. No one is above the law, and no one has the right to disrupt the judicial process,” Justice Kwofie stressed.

He reiterated that the judiciary’s role is to administer justice impartially and in accordance with the law, and any attempts to influence court decisions through public pressure or protests are unacceptable.

In his address, Justice Kwofie urged Ghanaians to strongly condemn any actions that threaten the sanctity of the judiciary. He warned that such behaviour could destabilise the judicial system and disrupt the peaceful administration of justice in the country.

“We call on all persons, be they litigants, parties, and lawyers who have cases in court, to exercise due restraint, show decorum, and not to do anything that undermines the administration of justice,” he said.

The AMJG president pointed out that the judiciary is a critical pillar of democracy and governance in Ghana, and any threats or attacks on its processes should be viewed as threats to the country’s peace and stability.

He cautioned that allowing such disruptions could lead to chaos in the legal system, and eventually, in the wider society.

“We cannot afford to allow the judiciary to be disrespected or politicised. The legal process must be followed, and all litigants must abide by the rules,” he concluded.

The anti-LGBTQI+ bill, which seeks to criminalise the promotion and advocacy of LGBTQI+ rights in Ghana, has been a subject of heated debate in the country. The bill has sparked a divide among Ghanaians, with proponents advocating for its passage as a safeguard against the perceived erosion of traditional values, while opponents view it as a violation of human rights.

As the debate over the bill continues, the AMJG reaffirmed its commitment to upholding the rule of law and ensuring that justice is served through the proper legal channels. The judiciary’s independence, according to Justice Kwofie, remains paramount in preserving peace and justice in the nation.