Withdrawal of charges against political affiliates sending wrong signals - Dr. Paul Herzuah

The government has withdrawn all criminal charges against former National Democratic Congress (NDC) Chairman Samuel Ofosu Ampofo, who was previously implicated in a leaked tape case. This decision has led to his appointment as Policy Adviser for Political Affairs at the Office of the Vice President.

Similarly, Dr. Cassiel Ato Forson, who had been facing prosecution over financial malfeasance, has been appointed as Finance Minister following the withdrawal of all charges against him.

Also, Dr. Johnson Asiama, a former Deputy Governor of the Bank of Ghana, has been appointed the Governor of the Bank, with all criminal charges against him withdrawn.

Before the withdrawal of these cases, the Attorney-General and Ministry for Justice had discontinued the criminal prosecution of a former Chief Executive of the Ghana Cocoa Board (COCOBOD), Dr Stephen Kwabena Opuni, and businessman, Seidu Agongo. The two were accused of causing financial loss of more than GH¢271 million to the state in a series of fertiliser deals during Dr Opuni’s tenure at COCOBOD.

The A-G has also hinted at the possibility of dropping the felony treason charges against Oliver Barker-Vormawor, activist and convener of the #FixTheCountry movement.

Exercise caution

But in an interview with the Daily Statesman on the development, a political and media communications expert and lecturer at the Faculty of Journalism and Media Studies at the University of Media, Arts, and Communication (UniMAC), Dr. Paul Herzuah, has called on the government to exercise caution in granting ‘presidential pardons’ to individuals, particularly those known for their affiliation with the governing party.
He emphasised that such actions set a dangerous precedent and embolden wrongdoing, as offenders may believe they would eventually be freed when their party returns to power.

He acknowledged that the President had constitutional authority to grant pardons, but stressed that this power must be exercised judiciously. He noted that pardoning individuals en masse, particularly those with unresolved legal cases, sends the wrong message to the public, and undermines the judiciary’s role in ensuring justice.

“The President has executive powers to pardon, as enshrined in articles 72 and 296 of the 1992 Constitution of Ghana. That is not in dispute. However, it becomes problematic when this discretionary power becomes arbitrary and inconsistent especially with the provisions of article 296 of the 1992 constitution. Power is exercised in a wholesale manner, especially when individuals have cases that require further legal scrutiny,” he stated.

Concerns

Dr. Herzuah expressed deep concerns over instances where individuals who had pending cases or had served jail terms were not only pardoned, but also appointed to influential positions in government.

“The president may well be exercising his discretionary power to withdraw all pending charges against former public and government officials with affiliation to the ruling party but I would have wished the speedy continuation of such trials to its legal and logical conclusion unless he finds no basis to the charges in the first place hence necessitating the withdrawals and pardons,” he added.

He added: “We must allow legal processes to reach their logical conclusion before any such decisions are made. The appointment of individuals with pending cases to sensitive positions is a worrying trend. It signals to others that crime can go unpunished as long as political loyalty is maintained.”

He warned that such decisions weaken public confidence in the judiciary, as the executive appears to override due process. He emphasised the importance of maintaining the separation of powers between the executive, legislative, and judicial branches, cautioning that presidential pardons should not be used as political tools.

Repercussions

The lecturer also highlighted the long-term dangers of politicised pardons, warning that they could lead to retaliatory actions against members of the judiciary. He referenced historical instances where individuals who pursued justice were targeted, stating that “the trend could escalate if not addressed as a matter of urgency”.

“If incarcerated offenders of the law are released for the sake of political expediency what happens to the judges who presided over their cases? Such judges could face threats, making them hesitant to rule against powerful figures in the future,” he indicated.

Dr. Herzuah said judicial officers must be protected to enable them carry out their duties without fear or favour. He, therefore, called for a structured and transparent approach to granting presidential pardons and that presidential discretionary powers ought to be executed judiciously.

The lecturer stressed that pardoning individuals solely due to political affiliations damages Ghana’s democratic framework and the rule of law. “We must not create a situation where political figures and their affiliates believe they can act with impunity. The rule of law must be upheld, and justice must be served without political interference,” he said.

He added that if current and subsequent governments continue along this path, Ghana risked creating a system where people deliberately engage in criminal acts, confident that a future government aligned with them would ensure their release.