By Love Wilhelmina Abanonave
Private legal practitioner Austin Kwabena Brako-Powers has cautioned against treating free speech as a privilege granted by the state, insisting that it is a constitutional right citizens hold against government.
“We need to understand that free speech is not a gift from the government to the people of Ghana. It is a right that citizens retain against government,” Mr Brako-Powers said during a panel discussion on Current Agenda on May 23, 2026.
He made the remarks while commenting on the ongoing political debate surrounding democracy and judicial conduct in Ghana, following comments made by Minority Leader Alexander Afenyo-Markin against a circuit court judge, which he described as inappropriate for a senior lawyer.
Mr Brako-Powers noted that the New Patriotic Party has argued that Ghana’s democratic credentials are under threat, citing the arrest and denial of bail to NPP communicator Abronye DC.
However, he warned against reducing complex national issues to partisan arguments, saying such an approach benefits no one.
“But we need to understand that when we reduce conversations into political partisanship, there will be no winners. I have repeatedly maintained that when conversations that should have taken a national twist take a political partisan turn, there will be no winners. Everybody will be losers,” he said.
He also expressed strong disapproval of the Minority Leader’s remarks about the judge.
“This is disappointing, reprehensible, and unpalatable, something we should not entertain. He is a senior lawyer. He should know better,” he stated.
The legal practitioner stressed that judges are not beyond criticism but said such criticism must be measured and responsible.
“We must understand that if a judge has the right to make a good decision, that judge also has the right to make a bad decision. Must you go into the media and criticise him? No judge is above reproach and no judge is above criticism, but you must be measured,” he said.
Mr Brako-Powers further cautioned that publicly undermining the judiciary could have serious consequences for Ghana’s democratic institutions.
“I have said the executive has been bastardised. The legislature has been bastardised. Do you want to add the judiciary to the vote? If you reduce the judiciary into rubble, imagine what will happen,” he warned.
He urged political leaders to avoid using partisan politics as justification for unrestrained public attacks.
“In this country, we feel that because of political partisanship, we can say whatever we want without measure. And we believe that because he is the Minority Leader and leader of the minority in Parliament, he can say whatever he wants. That is disappointing, and we must not encourage such attitudes. As a senior lawyer, he should have respected the judge,” he added.
