Audio By Carbonatix
Renowned legal scholar and governance advocate, Professor Stephen Kwaku Asare aka Kwaku Azar, has weighed in on the recent decision to discontinue prosecutions involving seven pro-NDC figures.
In a thought-provoking commentary, he challenges the discourse surrounding the cases, arguing that justice should not be confused with prolonged, inconclusive trials.
“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.”
Kwaku Azar stated 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 an instance where the Court of Appeal dismissed one of the cases after a trial judge had insisted the defence open its case, suggesting the prosecution had failed to meet its burden of proof.
While many critics have focused on the decision to drop these cases, Kwaku Azar argues that the real issue lies in why the prosecutions failed in the first place.
“Why were these cases not successfully prosecuted, even when some claim the courts were favourable 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.
Challenging those who insist the trials should have continued, Azar posed a fundamental question: “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.
“Rather than framing this discussion as a mere political issue, it would be more constructive to ask: How do we ensure that politically sensitive prosecutions are built on strong legal foundations rather than expedient narratives?” he urged.
He proposed that reforms should prioritize prosecutorial integrity, effective case management, and a legal system that delivers justice promptly.
“The true measure of a strong legal system is not the length of prosecutions but their ability to deliver fair, timely, and legally sound outcomes,” he said.
Despite his firm stance on the need for efficiency in prosecutions, Kwaku Azar reaffirmed his commitment to fighting corruption.
“We believe in holding individuals accountable for corruption and financial misconduct, regardless of their political affiliation. However, we do so in a neutral and principled manner, refusing to politicize the fight against corruption,” he stated.
He concluded by reiterating that endless prosecutions of weak cases do not serve the cause of justice.
“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.
Latest Stories
-
DMU 002 train repaired after colliding with goat near Ashaiman
8 minutes -
Three remanded over alleged concealment of 869 cocaine slabs in gari
11 minutes -
Ernest Chemists mourns with Dagbon, donates GH¢70,000 to Palace
12 minutes -
Court turns down bail for alleged romance scam pastor
22 minutes -
Asokwa MCE links recent MoMo vendor attacks to Asafo Market decongestion
22 minutes -
Galamsey has polluted 60% of Ghana’s water bodies — CSIR-WRI scientist
24 minutes -
Criminal trials during legal vacations a ‘novel’ departure from tradition — Kpemka
24 minutes -
Nana B begins campaign tour in Ashanti region as he eyes NPP 1st Vice chair position
25 minutes -
CDD-Ghana calls for investigations into unresolved 2020 and 2024 election violence cases
26 minutes -
Communities applaud early gains under Damang Gold Mine Limited
35 minutes -
Cheddar’s application thrown out, High Court awards GH¢20,000 costs against him in Cola Holdings case
38 minutes -
Court gives Adu-Boahene, wife 6 days to secure lawyers or cross-examine witness themselves
40 minutes -
Investigate alleged US$1.7bn loss in connection with Gold Purchase Programme – Abena Osei Asare to Mahama
42 minutes -
Political parties, judiciary need reforms to protect African democracy — Asiedu Nketiah
44 minutes -
GAUA strike: NLC says administrators may have breached procedure for industrial action
44 minutes