A Fellow at the Centre for Democratic Development (CDD), Professor Kwaku Asare, has shared a thought-provoking perspective on the Attorney-General’s recent discontinuation of cases.
Dr. Dominic Ayine, in the past weeks, has dropped the prosecution of cases involving seven pro-National Democratic Congress (NDC) personalities.
The move has raised concerns about the ruling government’s commitment to prosecuting criminal cases if it cannot deal with its own members.
In a post on Facebook, Kwaku Azar, as he is popularly known, stated that the subject warrants thoughtful discussion, particularly in the context of governance, the rule of law, and the broader fight against corruption.
“Justice is not served by keeping individuals in legal limbo for years when cases lack the strength to secure convictions.
The rule of law demands not only the pursuit of accountability but also efficiency and fairness in legal proceedings,” he asserted.
However, any objective analysis must go beyond political narratives and consider the legal and procedural realities that have shaped these cases.
“Each of these cases has been in the judicial system for at least seven years,” he pointed out, questioning whether prosecutions that drag on for nearly a decade without conviction serve the cause of justice.
“If a case has been in court for nearly a decade without a conviction, it is reasonable to ask whether the evidence was ever strong enough to meet the legal threshold,” he stated.
The renowned lawyer emphasized that justice demands both efficiency and certainty, noting that endless prosecutions weaken confidence in the legal system and place unnecessary strain on both defendants and public institutions.
He cited the Court of Appeal’s dismissal of a case after a trial judge had insisted the defense open its case, suggesting the prosecution had failed to meet its burden of proof.
Kwaku Azar argued that the real issue lies in why the prosecutions failed in the first place given their duration in court.
“Why were these cases not successfully prosecuted, even when some claim the courts were favorable to the prosecution? Were they hurriedly initiated? Was the evidence insufficient? Were the charges politically motivated?” he asked.
According to him, accountability and good governance should not be equated with insisting on perpetual trials.
“Good governance does not mean insisting that prosecutions must continue indefinitely. It means ensuring that justice is pursued fairly, efficiently, and based on solid legal foundations,” he stated.
Prof. Asare further challenged critics who believe the trials should have continued, questioning, “Are you seriously suggesting that defendants whose cases have been dismissed should still be prosecuted?
“Are you saying that these trials should extend into a ninth or tenth year with no clear path to conviction? Justice is not served by perpetuating legal uncertainty.”
For Kwaku Azar, the real focus should be on learning from these cases and strengthening Ghana’s legal and prosecutorial framework.
He proposed that reforms should prioritize prosecutorial integrity, effective case management, and a legal system that delivers justice promptly.
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