By the grace of God, I have had friends who serve at different levels of the bench, including judges of the Supreme Court. In our private interactions, there are moments we even call them by their first names and not necessarily “My Lord” at every point, yet the respect remains intact because genuine respect goes beyond titles and formalities. Judges, like all of us, have different dimensions to their lives as family men, friends and ordinary citizens. However, the moment a judge is seated to perform his constitutional and professional duty on behalf of the Republic of Ghana, everything that emanates from him must reflect justice, sound reasoning and fidelity to the law.

A judge is clothed with authority when seated to perform a constitutional duty on behalf of the good people of Ghana whose taxes sustain the institutions of state. That authority, however, comes with responsibility. The moment a judge abandons legal reasoning, ignores settled principles and produces a ruling that appears plainly inconsistent with law and logic, that judge steps outside the dignity of the office and acts on a frolic of his own.

In the Abronye matter, the learned Circuit Court Judge, His Honour Joseph Yennuban Kunsong, justified the refusal of bail on the basis that the accused “will commit further offences when granted bail.” That reasoning should trouble every serious student of law because bail jurisprudence is not founded on speculation or personal suspicion. Bail is not intended to punish an accused person before trial, neither is it designed to satisfy public sentiment. The fundamental considerations have always been whether the accused person will appear to stand trial, interfere with investigations or tamper with witnesses. Once courts move from evidence into prediction and speculation, the entire foundation of criminal justice becomes dangerous.

Therefore, any harsh but accurate criticism from citizens, including what Osahene Afenyo-Markin expressed, cannot automatically be described as an attack on the judiciary. The judiciary is bigger than one individual. A judge who fails to uphold the standards of the bench cannot hide behind the institution to escape criticism. Respect for the judiciary must never mean silence in the face of questionable reasoning.

Of course, judicial officers must be protected from reckless abuse, populist attacks and attempts to intimidate the bench. An independent judiciary remains indispensable to constitutional democracy. However, accountability is equally essential to judicial legitimacy. Citizens do not dishonour the Constitution by questioning flawed reasoning. Rather, they strengthen constitutional democracy by insisting that public power, including judicial power, must always remain subject to reason, law and scrutiny.

I have heard legal minds, including my brother Kwesi Botchwey Esq., describe the conduct as “constitutional terrorism”. I also heard Nana B, the National Organiser of the NPP, make a similar argument yesterday on Ekosii Sen on Asempa FM with Lawyer OB. With the greatest respect, I disagree with the suggestion that the conduct of this particular judge has somehow damaged or destroyed the Constitution. The Constitution of Ghana is far stronger than the errors, excesses or failings of one individual judicial officer. If anything, such conduct rather validates the strong reaction from citizens who recognise that this is not what the Constitution envisioned from the bench. The conduct cannot injure the Constitution itself. It can only diminish the reputation of the individual responsible for it.

We have read many profound judgments of great jurists and we understand why their names are written in gold within our legal history. Their authority from strong intellectual depth, discipline and fidelity to the law. Great judges do not command respect because they wear robes. They command respect because their reasoning inspires confidence even among those who disagree with them.

For that reason, I submit forcefully that His Honour Joseph Yennuban Kunsong, in this particular instance, acted on a frolic of his own and cannot be elevated into the embodiment of the law or the Constitution of the Republic of Ghana.