• About us
  • Presenters
  • Shows
  • VIDEOS
  • PODCASTS
Tuesday, March 31, 2026
Angel Online
  • Home
  • Elections
    NPP elections: Afoko meets aspirants, party executives

    NPP elections: Afoko meets aspirants, party executives

    Polls disregarding Julius Debrah’s candidature as next NDC flagbearer questionable – Ras Mubarak

    Polls disregarding Julius Debrah’s candidature as next NDC flagbearer questionable – Ras Mubarak

    Ras Mubarak

    Ras Mubarak slams Global InfoAnalytic’s latest poll on 2028 NDC flagbearer race

    Akufo-Addo to lead AU Elections Observation Mission in DR Congo

    Akufo-Addo to lead AU Elections Observation Mission in DR Congo

    I’ll personally campaign against you in 2028  if you don’t deliver – Speaker tells Baba Jamal

    I’ll personally campaign against you in 2028 if you don’t deliver – Speaker tells Baba Jamal

    Baba Jamal wins Ayawaso East by-election

    Baba Jamal wins Ayawaso East by-election

    Police organize show of force ahead of Ayawaso East by-election

    Police organize show of force ahead of Ayawaso East by-election

    My popularity in Ayawaso East stems from integrity, not inducement – Baba Jamal

    I never shared television at Ayawaso by-election – Baba Jamal

    My popularity in Ayawaso East stems from integrity, not inducement – Baba Jamal

    Baba Jamal appears before committee probing vote-buying claims in Ayawaso East

  • Politics
    Odike warns of possible coup in Ghana amid rising youth support, inequality concerns

    NPP should stay off sole-sourcing debates; they did worse – Odike

    Odike warns of possible coup in Ghana amid rising youth support, inequality concerns

    Odike warns of possible coup in Ghana amid rising youth support, inequality concerns

    I was sacked like a ‘goat’ when I visited New Town collapsed building site – Former MP for Ayawaso Central alleges

    I was sacked like a ‘goat’ when I visited New Town collapsed building site – Former MP for Ayawaso Central alleges

    CPP ‘Chairpersons Caucus’ rejects newly-launched National Working Committee

    CPP ‘Chairpersons Caucus’ rejects newly-launched National Working Committee

    NPP elections: Afoko meets aspirants, party executives

    NPP elections: Afoko meets aspirants, party executives

    NDC is ‘consistently inconsistent’ in decision making – Akwasi Acquah

    NDC is ‘consistently inconsistent’ in decision making – Akwasi Acquah

    Kumawood actor fingers NPP over destruction of artwork at Asokwa interchange

    Kumawood actor fingers NPP over destruction of artwork at Asokwa interchange

    Minority to petition CHRAJ over Mahama’s use of brother’s private jet for official travels

    Minority to petition CHRAJ over Mahama’s use of brother’s private jet for official travels

    Polls disregarding Julius Debrah’s candidature as next NDC flagbearer questionable – Ras Mubarak

    Polls disregarding Julius Debrah’s candidature as next NDC flagbearer questionable – Ras Mubarak

  • News
    • Local News
  • Business
    Ghana signs eleventh debt restructuring agreement with EXIM India

    Ghana signs eleventh debt restructuring agreement with EXIM India

    Transport unions threaten 20% fare increase amid rising fuel costs

    Transport unions threaten 20% fare increase amid rising fuel costs

    Rans Logistics refunds GH₵19.1 million to State after AG’s report flags irregularities

    Rans Logistics refunds GH₵19.1 million to State after AG’s report flags irregularities

    Ghana, Burkina Faso pledge to strengthen bilateral trade ties

    Ghana, Burkina Faso pledge to strengthen bilateral trade ties

    Ghana Tourism Authority launches ’16×16′ World Cup fan experience

    Ghana Tourism Authority launches ’16×16′ World Cup fan experience

    Kasoa petty traders petition Trade Ministry over eviction notice

    Kasoa petty traders petition Trade Ministry over eviction notice

    Akuapem South to climax Ghana Month with ‘Visit Aburi, Taste Aburi’ cultural exhibition

    Akuapem South to climax Ghana Month with ‘Visit Aburi, Taste Aburi’ cultural exhibition

    ECG warns of fire risks as customers exceed approved power load

    ECG warns of fire risks as customers exceed approved power load

    Agric Minister blames low tomato productivity on post-harvest losses

    Agric Minister blames low tomato productivity on post-harvest losses

  • Education
    3 final-year KsTU students build electric car that charges while driving

    3 final-year KsTU students build electric car that charges while driving

    Collapsed New Town building abandoned GETFund project started in 2012 – Report

    Collapsed New Town building abandoned GETFund project started in 2012 – Report

    TTU commended for graduating first deaf master’s student in Ghana

    TTU commended for graduating first deaf master’s student in Ghana

    Otumfuo Osei Tutu II urges financial clearance for KNUST staff recruitment

    Otumfuo Osei Tutu II urges financial clearance for KNUST staff recruitment

    Accra New Town building collapses

    GES orders pupils not to return to Accra Newtown Experimental D/A School after building collapse

    Accra New Town building collapses

    3 confirmed dead in Accra New Town building collapse, 20 rescued

    Accra Academy headmaster urges infrastructure boost ahead of 95th anniversary

    Accra Academy headmaster urges infrastructure boost ahead of 95th anniversary

    President Mahama ranked 5th most powerful development changemaker globally

    Lincoln University holds a special place in my heart – President Mahama

    Star Assurance CEO sworn-in to GETFund Board of Trustees

    Star Assurance CEO sworn-in to GETFund Board of Trustees

  • Health
    Health ministry advances cardiovascular care with new guidelines and donated equipment

    Health ministry advances cardiovascular care with new guidelines and donated equipment

    Accra New Town tragedy: Veep visits injured victims at the hospitals

    Accra New Town tragedy: Veep visits injured victims at the hospitals

    Akufo-Addo calls the gov’t to complete stalled Agenda 111 hospitals

    Akufo-Addo calls the gov’t to complete stalled Agenda 111 hospitals

    Health expert educates public on Colorectal Cancer, advocates regular screening

    Health expert educates public on Colorectal Cancer, advocates regular screening

    KATH offers Free oral health service to inmates at Kumasi Central Prisons

    KATH offers Free oral health service to inmates at Kumasi Central Prisons

    Senegal requires vaccination for Ghanaian nationals before entery – Foreign Ministry

    Senegal requires vaccination for Ghanaian nationals before entery – Foreign Ministry

    Oral Health crisis looms as tooth decay spreads among schoolchildren

    Oral Health crisis looms as tooth decay spreads among schoolchildren

    Egypt donates Hepatitis C vaccines to Ghana to tackle global health challenges

    Egypt donates Hepatitis C vaccines to Ghana to tackle global health challenges

    Korle Bu Teaching Hospital says viral ‘patients on floor’ video could be AI-generated

    Korle Bu emergency accident is a national crisis – Emergency Medicine Residents say

    • Lifestyle
  • Entertainment
    It’s okay for gospel musicians to aim for awards —Michael Kwaku Ola

    It’s okay for gospel musicians to aim for awards —Michael Kwaku Ola

    They planted juju in my Jacket while I was living in Davido’s house — Peruzzi

    They planted juju in my Jacket while I was living in Davido’s house — Peruzzi

    I wanted Sarkodie on ‘Akokoa’ remix but  I haven’t heard from him since— Safo Newman

    I wanted Sarkodie on ‘Akokoa’ remix but I haven’t heard from him since— Safo Newman

    Kumawood actor fingers NPP over destruction of artwork at Asokwa interchange

    Kumawood actor fingers NPP over destruction of artwork at Asokwa interchange

    Opambour claims ‘divine guidance’ led to Agradaa’s early prison release

    Opambour claims ‘divine guidance’ led to Agradaa’s early prison release

    My mother’s ghost will kill me if I smile with Shatta Wale – Stonebwoy

    Stonebwoy announces BHIM Festival 2026 UK debut at OVO Arena Wembley

    I almost rejected the role — Fella Makafui reflects on career breakthrough

    I almost rejected the role — Fella Makafui reflects on career breakthrough

    Berla Mundi shouldn’t have asked Shatta Wale and I to hug publicly – Stonebwoy

    We can’t compromise quality over virality — Stonebwoy

    Stonebwoy and Berla Mundi

    Berla Mundi shouldn’t have asked Shatta Wale and I to hug publicly – Stonebwoy

  • Features
  • World
    Mahama arrives in Ghana following United Nations victory on reparations resolution

    Mahama arrives in Ghana following United Nations victory on reparations resolution

    Ablakwa meets heads of the missions of US, Israel and Iran over Middle East tensions

    Ablakwa meets heads of the missions of US, Israel and Iran over Middle East tensions

    AU concerned about U.S. military strikes on Iran

    AU concerned about U.S. military strikes on Iran

    Ghana seeks international arbitration over maritime boundary dispute with Togo

    Ghana seeks international arbitration over maritime boundary dispute with Togo

    Mahama reaffirms solidarity with Kenya at Jamhuri day celebration

    Mahama reaffirms solidarity with Kenya at Jamhuri day celebration

    Israeli troops kill municipal worker in south Lebanon raid

    Israeli troops kill municipal worker in south Lebanon raid

    Keeping the historical memory: Latin America’s participation in World War II

    Keeping the historical memory: Latin America’s participation in World War II

    Premature shut down of Washington embassy dents Ghana’s Foreign Service – Minority

    Israel-Iran Conflict: Safety of Ghanaians must be national priority – Minority to gov’t

    Cardinal Leo XIV elected as first American pope

    Cardinal Leo XIV elected as first American pope

No Result
View All Result
  • Home
  • Elections
    NPP elections: Afoko meets aspirants, party executives

    NPP elections: Afoko meets aspirants, party executives

    Polls disregarding Julius Debrah’s candidature as next NDC flagbearer questionable – Ras Mubarak

    Polls disregarding Julius Debrah’s candidature as next NDC flagbearer questionable – Ras Mubarak

    Ras Mubarak

    Ras Mubarak slams Global InfoAnalytic’s latest poll on 2028 NDC flagbearer race

    Akufo-Addo to lead AU Elections Observation Mission in DR Congo

    Akufo-Addo to lead AU Elections Observation Mission in DR Congo

    I’ll personally campaign against you in 2028  if you don’t deliver – Speaker tells Baba Jamal

    I’ll personally campaign against you in 2028 if you don’t deliver – Speaker tells Baba Jamal

    Baba Jamal wins Ayawaso East by-election

    Baba Jamal wins Ayawaso East by-election

    Police organize show of force ahead of Ayawaso East by-election

    Police organize show of force ahead of Ayawaso East by-election

    My popularity in Ayawaso East stems from integrity, not inducement – Baba Jamal

    I never shared television at Ayawaso by-election – Baba Jamal

    My popularity in Ayawaso East stems from integrity, not inducement – Baba Jamal

    Baba Jamal appears before committee probing vote-buying claims in Ayawaso East

  • Politics
    Odike warns of possible coup in Ghana amid rising youth support, inequality concerns

    NPP should stay off sole-sourcing debates; they did worse – Odike

    Odike warns of possible coup in Ghana amid rising youth support, inequality concerns

    Odike warns of possible coup in Ghana amid rising youth support, inequality concerns

    I was sacked like a ‘goat’ when I visited New Town collapsed building site – Former MP for Ayawaso Central alleges

    I was sacked like a ‘goat’ when I visited New Town collapsed building site – Former MP for Ayawaso Central alleges

    CPP ‘Chairpersons Caucus’ rejects newly-launched National Working Committee

    CPP ‘Chairpersons Caucus’ rejects newly-launched National Working Committee

    NPP elections: Afoko meets aspirants, party executives

    NPP elections: Afoko meets aspirants, party executives

    NDC is ‘consistently inconsistent’ in decision making – Akwasi Acquah

    NDC is ‘consistently inconsistent’ in decision making – Akwasi Acquah

    Kumawood actor fingers NPP over destruction of artwork at Asokwa interchange

    Kumawood actor fingers NPP over destruction of artwork at Asokwa interchange

    Minority to petition CHRAJ over Mahama’s use of brother’s private jet for official travels

    Minority to petition CHRAJ over Mahama’s use of brother’s private jet for official travels

    Polls disregarding Julius Debrah’s candidature as next NDC flagbearer questionable – Ras Mubarak

    Polls disregarding Julius Debrah’s candidature as next NDC flagbearer questionable – Ras Mubarak

  • News
    • Local News
  • Business
    Ghana signs eleventh debt restructuring agreement with EXIM India

    Ghana signs eleventh debt restructuring agreement with EXIM India

    Transport unions threaten 20% fare increase amid rising fuel costs

    Transport unions threaten 20% fare increase amid rising fuel costs

    Rans Logistics refunds GH₵19.1 million to State after AG’s report flags irregularities

    Rans Logistics refunds GH₵19.1 million to State after AG’s report flags irregularities

    Ghana, Burkina Faso pledge to strengthen bilateral trade ties

    Ghana, Burkina Faso pledge to strengthen bilateral trade ties

    Ghana Tourism Authority launches ’16×16′ World Cup fan experience

    Ghana Tourism Authority launches ’16×16′ World Cup fan experience

    Kasoa petty traders petition Trade Ministry over eviction notice

    Kasoa petty traders petition Trade Ministry over eviction notice

    Akuapem South to climax Ghana Month with ‘Visit Aburi, Taste Aburi’ cultural exhibition

    Akuapem South to climax Ghana Month with ‘Visit Aburi, Taste Aburi’ cultural exhibition

    ECG warns of fire risks as customers exceed approved power load

    ECG warns of fire risks as customers exceed approved power load

    Agric Minister blames low tomato productivity on post-harvest losses

    Agric Minister blames low tomato productivity on post-harvest losses

  • Education
    3 final-year KsTU students build electric car that charges while driving

    3 final-year KsTU students build electric car that charges while driving

    Collapsed New Town building abandoned GETFund project started in 2012 – Report

    Collapsed New Town building abandoned GETFund project started in 2012 – Report

    TTU commended for graduating first deaf master’s student in Ghana

    TTU commended for graduating first deaf master’s student in Ghana

    Otumfuo Osei Tutu II urges financial clearance for KNUST staff recruitment

    Otumfuo Osei Tutu II urges financial clearance for KNUST staff recruitment

    Accra New Town building collapses

    GES orders pupils not to return to Accra Newtown Experimental D/A School after building collapse

    Accra New Town building collapses

    3 confirmed dead in Accra New Town building collapse, 20 rescued

    Accra Academy headmaster urges infrastructure boost ahead of 95th anniversary

    Accra Academy headmaster urges infrastructure boost ahead of 95th anniversary

    President Mahama ranked 5th most powerful development changemaker globally

    Lincoln University holds a special place in my heart – President Mahama

    Star Assurance CEO sworn-in to GETFund Board of Trustees

    Star Assurance CEO sworn-in to GETFund Board of Trustees

  • Health
    Health ministry advances cardiovascular care with new guidelines and donated equipment

    Health ministry advances cardiovascular care with new guidelines and donated equipment

    Accra New Town tragedy: Veep visits injured victims at the hospitals

    Accra New Town tragedy: Veep visits injured victims at the hospitals

    Akufo-Addo calls the gov’t to complete stalled Agenda 111 hospitals

    Akufo-Addo calls the gov’t to complete stalled Agenda 111 hospitals

    Health expert educates public on Colorectal Cancer, advocates regular screening

    Health expert educates public on Colorectal Cancer, advocates regular screening

    KATH offers Free oral health service to inmates at Kumasi Central Prisons

    KATH offers Free oral health service to inmates at Kumasi Central Prisons

    Senegal requires vaccination for Ghanaian nationals before entery – Foreign Ministry

    Senegal requires vaccination for Ghanaian nationals before entery – Foreign Ministry

    Oral Health crisis looms as tooth decay spreads among schoolchildren

    Oral Health crisis looms as tooth decay spreads among schoolchildren

    Egypt donates Hepatitis C vaccines to Ghana to tackle global health challenges

    Egypt donates Hepatitis C vaccines to Ghana to tackle global health challenges

    Korle Bu Teaching Hospital says viral ‘patients on floor’ video could be AI-generated

    Korle Bu emergency accident is a national crisis – Emergency Medicine Residents say

    • Lifestyle
  • Entertainment
    It’s okay for gospel musicians to aim for awards —Michael Kwaku Ola

    It’s okay for gospel musicians to aim for awards —Michael Kwaku Ola

    They planted juju in my Jacket while I was living in Davido’s house — Peruzzi

    They planted juju in my Jacket while I was living in Davido’s house — Peruzzi

    I wanted Sarkodie on ‘Akokoa’ remix but  I haven’t heard from him since— Safo Newman

    I wanted Sarkodie on ‘Akokoa’ remix but I haven’t heard from him since— Safo Newman

    Kumawood actor fingers NPP over destruction of artwork at Asokwa interchange

    Kumawood actor fingers NPP over destruction of artwork at Asokwa interchange

    Opambour claims ‘divine guidance’ led to Agradaa’s early prison release

    Opambour claims ‘divine guidance’ led to Agradaa’s early prison release

    My mother’s ghost will kill me if I smile with Shatta Wale – Stonebwoy

    Stonebwoy announces BHIM Festival 2026 UK debut at OVO Arena Wembley

    I almost rejected the role — Fella Makafui reflects on career breakthrough

    I almost rejected the role — Fella Makafui reflects on career breakthrough

    Berla Mundi shouldn’t have asked Shatta Wale and I to hug publicly – Stonebwoy

    We can’t compromise quality over virality — Stonebwoy

    Stonebwoy and Berla Mundi

    Berla Mundi shouldn’t have asked Shatta Wale and I to hug publicly – Stonebwoy

  • Features
  • World
    Mahama arrives in Ghana following United Nations victory on reparations resolution

    Mahama arrives in Ghana following United Nations victory on reparations resolution

    Ablakwa meets heads of the missions of US, Israel and Iran over Middle East tensions

    Ablakwa meets heads of the missions of US, Israel and Iran over Middle East tensions

    AU concerned about U.S. military strikes on Iran

    AU concerned about U.S. military strikes on Iran

    Ghana seeks international arbitration over maritime boundary dispute with Togo

    Ghana seeks international arbitration over maritime boundary dispute with Togo

    Mahama reaffirms solidarity with Kenya at Jamhuri day celebration

    Mahama reaffirms solidarity with Kenya at Jamhuri day celebration

    Israeli troops kill municipal worker in south Lebanon raid

    Israeli troops kill municipal worker in south Lebanon raid

    Keeping the historical memory: Latin America’s participation in World War II

    Keeping the historical memory: Latin America’s participation in World War II

    Premature shut down of Washington embassy dents Ghana’s Foreign Service – Minority

    Israel-Iran Conflict: Safety of Ghanaians must be national priority – Minority to gov’t

    Cardinal Leo XIV elected as first American pope

    Cardinal Leo XIV elected as first American pope

No Result
View All Result
Angel Online
No Result
View All Result
Home Features

CJ’s petition to legal council baseless – Francis-Xavier Sosu

by Jerry Tsatro Mordy
June 7, 2021
in Features, News, Top Story
Reading Time: 9 mins read
0 0
0
Francis-Xavier Sosu

Francis-Xavier Sosu

Share on FacebookShare on Twitter

Human rights lawyer, Francis-Xavier Sosu, has criticized Chief Justice’s referral of Dr. Dominic Ayine to the Disciplinary Committee of the General Legal Council, saying his action is unconstitutional as it is tantamount to suppression of freedom of expression.

According to the lawyer, criticism is an integral element of every democratic society, to which everyone living under that system is subject, irrespective of their status in society. Hence, the Chief Justice and the Court must be subject to public criticism.

Mr. Sosu, advancing his arguments why Chief Justice Kwasi Anin-Yeboah’s reaction was rather an “affront” to the constitution, referred to both international laws and the 1992 Constitution of Ghana to express disapproval of the action.

Read more in his article below:

Ads Ads
  1. INTRODUCTION

Free speech is the foundation of every democracy. Citizen’s ability to freely express their opinion and thought is what holds people in power in check. One cannot accept to serve the people in a high public office, be paid with Ghanaian tax payers’ money whether these Ghanaians are rich or poor, educated or uneducated and yet refuse to subject oneself to the people’s scrutiny. These introductory comments are founded on the back of a letter dated 23rd May, 2021 purportedly issued by Justice Cynthia Pamela Addo, the Judicial Secretary of Ghana on behalf of His Lordship the Chief Justice, Justice Kwasi Anin-Yeboah, petitioning the Chairman of the Disciplinary Committee of the General Legal Council to investigate comments by a Colleague Member of Parliament, Member of the Constitutional Legal and Parliamentary Affairs Committee of Parliament, and a very Senior member of the Ghana Bar who also served as a Former Deputy Attorney General. Hon. Dominic Ayine was questioning the independence of the Judiciary in its adjudication of the presidential petition filed by Mr. John Dramani Mahama seeking to challenge the declaration of presidential results in the presidential elections of December 2020.

His Lordship the Chief Justice must realize that his position is not a private one and he is equally subject to public accountability and criticism. Questioning the independence of the judiciary is an expression of an opinion which every Ghanaian retains the constitutional right so to do. Justice emanates from the people and dispensed on their behalf by the Judiciary. Contrary to all assumption that the Judiciary is infallible and beyond public constructive, academic and political criticism, it is rather apodictic that no human institution is inerrable. The constitutionally empowered citizens and not spectators have an indefeasible right to not only question any judicial process but also how justice is dispensed. The essence of this write up is to briefly discuss the parameters of free speech under international, regional and our local laws and demonstrate why the indicting letter issued at the call of the Chief Justice is an affront to the judicial oath and a dent on the successes so far achieved in the country’s efforts at guaranteeing the constitutional right to freedom of expression.

  1. FREEDOM OF EXPRESSION UNDER INTERNATIONAL LAW

The right to freely express one’s self is guaranteed by both the 1992 Constitution and various international laws. For the purpose of this article I will make reference to few of the provisions.

RelatedPosts

Health ministry advances cardiovascular care with new guidelines and donated equipment

We must be patient with the law in ORAL process – Mahama

Extradition of former finance minister not within our jurisdiction – Mahama

2.1 Universal Declaration of Human Rights

Article 19 of the Universal Declaration of Human Rights provides as follows “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”

2.2 International Covenant on Civil and Political Rights (ICCPR)

The ICCPR expands the scope by adding that it is a right for our freedom of expression not to be interfered with. Not only does it provide for the right but also kicks against interference of that right to freely express one’s self just like the Chief Justice of Ghana wants to do. It seems the Chief Justice believes in Constitutionality and yet does not want to be bound by constitutionalism.

According to Article 19 of ICCPR, “Everyone shall have the right to hold opinions without interference” and also that “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

2.3 General Comment No. 10: Freedom of expression (Art. 19)

The Paragraph 2 of the General Comments requires protection of the right to freedom of expression, which includes not only freedom to “impart information and ideas of all kinds”, but also freedom to “seek” and “receive” them “regardless of frontiers” and in whatever medium, “either orally, in writing or in print, in the form of art, or through any other media of his choice”. Impartation of what another person believes about the judiciary cannot be a subject of Petition such as the one written by the Judicial Secretary.

2.4 International Convention on the Elimination of All Forms of Racial Discrimination

Article 5 provides that “in compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (viii) The right to freedom of opinion and expression;

  1. REGIONAL PROVISIONS ON FREEDOM OF EXPRESSION

3.1 African Charter on Human and People’s Right

At the regional level, the African Charter also confirms and consolidates the provisions as provided for by the UN. Article 9 provides that “Every individual shall have the right to receive information, and “every individual shall have the right to express and disseminate his opinions within the law.”

3.2 The Declaration of the Principles of Freedom of Expression and Access to Information in Africa

This was adopted by the African Commission on Human and Peoples’ Rights (the African Commission) at its 65th Ordinary Session which was held from 21 October to 10 November 2019

The Declaration was in accordance with Article 45 (1) of the African Charter on Human and Peoples’ Rights (the African Charter) which requires the African Commission to promote human and peoples’ rights, among others, by formulating and laying down principles and rules to solve legal problems relating to human and peoples’ right and fundamental freedoms upon which African States may base their legislation. The Declaration establishes or affirms the principles for anchoring the rights to freedom of expression and access to information in conformance with Article 9 of the African Charter which guarantees individuals the right to receive information as well as the right to express and disseminate information.

Among others the Declaration discuses the Importance of the rights to freedom of expression and access to information. It provides that “Freedom of expression and access to information are fundamental rights protected under the African Charter and other international human rights laws and standards. The respect, protection and fulfillment of these rights is crucial and indispensable for the free development of the human person, the creation and nurturing of democratic societies and for enabling the exercise of other rights.

3.3 State Responsibility Under the Declaration

Under the declaration, States are required to “create an enabling environment for the exercise of freedom of expression and access to information, including by ensuring protection against acts or omissions of non-State actors that curtail the enjoyment of freedom of expression and access to information”.

3.4 Non-interference with freedom of opinion

Principle 2 under the Declaration provides for Non-interference with freedom of opinion. According to the principle, Freedom of Opinion including the right to form and change all forms of opinion at any time and for whatever reason, is a fundamental and inalienable human right indispensable for the exercise of freedom of expression. States shall not interfere with anyone’s freedom of opinion.

  1. FREEDOM OF EXPRESSION UNDER THE 1992 CONSTITUTION OF GHANA

The Constitution of Ghana also provides great answers to the question of Fundamental Human Rights generally and more specifically provides for Freedom of Expression. In deed Article 12 guarantees fundamental rights and requires all agents of the Executive, Judiciary and the Legislature to respect these Fundamental rights. It is a bit worrying for the Judiciary which we run to for the enforcement of these rights under Article 32 of the Constitution to be the one endangering this right to freely express one’s self. The Chief Justice must realize that his action poses great danger to our democracy as it has the tendency of undermining freedom of Expression which is a building block of this democracy.

Freedom of Expression is provided for in Article 21(1)(a) of the 1992 Constitution. The constitution provides that “All persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media”.

Our Constitution is also mindful of the fact that the human Rights provisions in our constitution may not be exhaustive. Thus Article 33(5) provides that “the rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man”. It is based on this provision that the provisions on non-interference with this right to freedom of Expression must be upheld and any sign of that interference such as what the Chief Justice seeks to do must be fearlessly resisted.

The Chief Justice must realize that the Judiciary is a very important organ of state and has a duty to help build a society of freedom. Article 37 (1) provides that “the State shall endeavor to secure and protect a social order founded on the ideals and principles of freedom, equality, justice, probity and accountability as enshrined in Chapter 5 of this Constitution; and in particular, the State shall direct its policy towards ensuring that every citizen has equality of rights, obligations and opportunities before the law”. This obligation on the state is also on the Judiciary headed by the Chief Justice. The said letter by the Chief Justice clearly betrays this obligation.

It is also provided in Article 37(3) that in the discharge of the obligations stated in clause (2) of this article, the State shall be guided by international human rights instruments which recognize and apply particular categories of basic human rights to development processes. It is also in the light of the foregoing that I have taken time to draw readers attention to the various provisions under international and regional instruments on freedom of Expression.

I consider the Petition of the Chief Justice as a needless interference with freedom of expression of Dr. Ayine. Unless there is any clear legal provision that was violated by Hon. Dominic Ayine, the Petition has no legal basis at all. At best it is a means to suppress freedom of expression and a failed attempt to shield the judiciary from public accountability.

  1. ANALYSIS OF ISSUES RAISED BY THE LETTER OF THE JUDICIAL SECRETARY

Three key issues emanate from the letter of the Chief Justice to the Disciplinary Committee of the General Legal Council.

  • Whether the act of expressing an opinion on a matter already decided by the court violated any statute?
  • Whether the the previous contempt charges against Dr. Ayine estopped him from commenting on the judgment after it was delivered?
  • Whether or not the assertion that we did not have independent judiciary violated the Legal professions Act or the Etiquettes Rules for Lawyers?

5.1 Commenting on a matter already decided by the court.

When a court delivers judgment in a case before it, the court becomes futus officio. Thus, the court is stripped off its power and jurisdiction over the said matter. In other words the mandate of the court in the matter has expired and the court does not exercise. That being the case any individual or lawyer who comments on such judgment would have the right to do so. There is no provision in the Legal Professions Act, 1960 (Act 32) that makes such conduct a crime or misconduct. Such a comment also does not violate any known provision in the Legal Profession (Professional Conduct and Etiquette) Rules 2020, L.I 2423. It is also clear that a careful reading of the provisions of the Legal Professions (Disciplinary Committee) Rules, 2020, L.I 2424 shows that the committee’s jurisdiction is triggered by complaints under Rules 1, 2 and 3 by a complaint of dissatisfied professional conduct. Clearly commenting or expressing one’s view on a judgment of the court does not constitute any misconduct under these laws and the Disciplinary Committee’s jurisdiction has wrongly been invoked as the said letter by the CJ does not contain any fact as to misconduct or the breach of any professional code. There is no provision in the above laws for “Petition to Investigate”. The law only makes provision for complaint of misconduct and hence the said letter has no legal basis.

5.2 Previous Contempt Charge not a bar to Freedom to Express future opinion

References to previous contempt charges are clear attempts to prejudice any investigation, that is, if it even occurs. What has previous comments to which Dr. Ayine apologized got to do with any new complaint of professional misconduct? It stands to reason that as a senior lawyer, Dr. Ayine takes a cue from the bench to apologize for comments made during the pendency of the action on grounds that the comments could prejudice the outcome of the decision and is contemptuous. Everyone can make that mistake and taking responsibility for that and apologizing was the right thing any honourable member would do. But it must be placed on record that apologizing for contemptuous comments made during the subsistence of an action is not a bar to freely express your opinion on the eventual outcome of the court’s decision. That is what Article 19(1) (a) and the several International Human Rights instruments cited above guarantees. Freedom of expression and of opinion is a fundamental human right and its force cannot be whittled down by previous contempt charges. Dr. Ayine committed no wrong for freely expressing his views on judicial independence in relation to the presidential petition.

5.3 Questioning Judicial Independence does not violate the Legal Professions Act and the Legislative instruments made pursuant to the Act

It is critical that we ask whether or not the assertion that we do not have independent judiciary violates the Legal professions Act or the Etiquettes Rules for Lawyers. Every Ghanaian can ask that question and every lawyer, law maker and even an accomplished academic like Dr. Ayine can question the independence of the judiciary. I have argued earlier that Article 125 (1) of the 1992 Constitution clearly provides that “justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and only subject to the constitution”. Any citizen who believes that justice is not properly being administered or the judiciary is not acting as being independent as it should be has a constitutional right to freely express that without restraints. That definitely would not constitute any professional misconduct for the purposes of disciplinary action or investigation as requested by the Honourable Chief Justice.

  1. CONCLUSION

From the above, it is quite preposterous for no mean a person than the Chief Justice of the Republic of Ghana to seek to undermine fundamental freedoms provided for under the 1992 Constitution and other international laws through this backdoor approach of petitioning the Disciplinary Committee of the General Legal Council. As argued above, freedom of expression is a foundational right that guarantees the continuous existence of a constitutional democracy. Take out freedom of expression and your democracy would have no meaning. Dr. Ayine did no wrong with his speech. He was freely expressing his opinion in accordance with Article 21(1)(a) and did not breach any provisions in the Legal Professions Act, 1960 (Act 32) or the Legal Profession (Professional Conduct and Etiquette) Rules 2020, L.I 2423. Clearly, the mandate and jurisdiction of the Disciplinary Committee has wrongly been invoked contrary to the Legal Professions (Disciplinary Committee) Rules, 2020, L.I 2424. The Chief Justice should do the most honourable thing to withdraw this shameful Petition to save the reputation of the Judiciary else he will reduce the revered institution to an institution of pettiness and demigods who are beyond criticism, this would make the institution a laughing stock. The Chief Justice has an opportunity to save his own reputation and that of the Judiciary. A Democratic state like Ghana deserves more from its Chief Justice than this needless pettiness that undermines the very essence of our democracy.

Tags: 2020 Election petitionChief justicecontempt of courtDominic AyineFrancis-xavier SosuKwasi Anin-Yeboah
Jerry Tsatro Mordy

Jerry Tsatro Mordy

RelatedPosts

Health ministry advances cardiovascular care with new guidelines and donated equipment

Health ministry advances cardiovascular care with new guidelines and donated equipment

by Samuel Sackey
March 31, 2026
0

The Ministry of Health has advanced cardiovascular care nationwide following a donation of over GH₵6 million worth of medical equipment...

We must be patient with the law in ORAL process – Mahama

We must be patient with the law in ORAL process – Mahama

by Mubarak Yakubu
March 31, 2026
0

President John Dramani Mahama has called on Ghanaians to exercise patience with the legal process under the government’s Operation Recover...

LGBTQ debate not Ghana’s priority, we are focused on basic needs – Mahama

Extradition of former finance minister not within our jurisdiction – Mahama

by Mubarak Yakubu
March 31, 2026
0

President John Dramani Mahama has stated that the ongoing extradition process involving Ghana’s former Finance Minister is beyond the control...

Gov’t intensifies fight against galamsey through new frameworks – Chief of Staff

Gov’t intensifies fight against galamsey through new frameworks – Chief of Staff

by Mubarak Yakubu
March 31, 2026
0

Chief of Staff, Julius Debrah, has disclosed that government has intensified its fight against illegal mining, popularly known as galamsey,...

Government intensifies fight against illegal mining – Mahama

Government intensifies fight against illegal mining – Mahama

by Mubarak Yakubu
March 31, 2026
0

President John Dramani Mahama has reaffirmed government’s commitment to intensifying the fight against illegal mining, commonly known as galamsey, as...

Mahama orders roads minister to respond to Big Push contract allegations

Mahama orders roads minister to respond to Big Push contract allegations

by Mubarak Yakubu
March 31, 2026
0

President John Dramani Mahama has directed the Minister for Roads and Highways to provide a detailed response to allegations surrounding...

Next Post
TB Joshua’s church won’t collapse after his death – Associate

TB Joshua's church won't collapse after his death - Associate

British High Commissioner ends duty tour of Ghana

British High Commissioner ends duty tour of Ghana

Connect with us

  • 870k Fans
  • 3.3k Followers
  • 278.1k Followers
  • 151k Subscribers

Category

  • Africa
  • Athletics
  • Business
  • Education
  • Elections
  • Entertainment
  • Features
  • Football
  • Health
  • Latest News
  • Lifestyle
  • Local News
  • Love and Sex
  • News
  • Opinion
  • Politics
  • Security
  • Sports
  • Tech
  • Top Story
  • Transportation
  • World
  • About us
  • Presenters
  • Shows
  • VIDEOS
  • PODCASTS

© 2025 - Angel Online

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • Home
  • Elections
  • Politics
  • News
    • Local News
  • Business
  • Education
  • Health
    • Lifestyle
  • Entertainment
  • Features
  • World

© 2025 - Angel Online