Member of Parliament for the Madina Constituency, Hon. Francis-Xavier Sosu has called on the Judiciary to recognize that the power they vest emanates from the people. Impliedly, the people retain the right to question the actions and decisions of the Courts.
His comments come on the back of reports that the Chief Justice has referred former Deputy Attorney General, Dr. Dominic Ayine to the General Legal Council for investigation and disciplinary action. Dr. Ayine had criticized the conduct of the Bench during the court proceedings of the 2020 election petition.
Speaking exclusively to Dennislaw News, Hon. Sosu explained that the foundation of every democracy is free speech, expressed in the ability of every citizen to express themselves freely without interference from the state.
“Our Judiciary must understand that when they sit in their capacity as Judges, they are clothed with all the immunities and affiliate judicial power. But, even that Judicial power according to the Constitution emanates from the power … [so] … the people have a right to question how that Judicial power is used,” he explained.
Hon. Francis Sosu further indicated that Dr. Dominic Ayine’s comments were fully permissible under the Constitution.
“Any purported petition to refer him (Dr. Ayine) to the General Legal Council is without any legal basis,” he emphasized.
While refusing to attach political mischief as cause for the Chief Justice’s application against Dr. Ayine, Hon. Sosu noted that the former Attorney General should not be dragged for disciplinary action, simply for criticizing Judges who are themselves, not infallible.
“You can disagree with a Judge and the basis for your disagreement may not even hold water. But that is your right to fully express your view and that shouldn’t occasion any liability in terms of professional misconduct.”
The Member of Parliament was however quick to add that while there are provisions for persons to fully express their views, there are some regulations and etiquettes in the legal practice as well as conducts that could trigger such disciplinary actions. Nonetheless, he opined that the statement by Dr. Ayine could not have comprised one such action.
He has urged Dr. Dominic Ayine to stay calm since he can challenge the Chief Justice’s petition in a court of law.