A former Director of the Ghana School of Law has criticised what he describes as an aggressive and intimidating approach in the criminal justice process being applied to former Finance Minister Ken Ofori-Atta.
Professor Kwaku Ansa-Asare says the posture of the Office of the Special Prosecutor (OSP) violates constitutional principles of fairness and dignity.
Speaking on PM Express on Joy News Tuesday night, he expressed deep concern about how state institutions are handling the investigation of Mr. Ofori-Atta.
He said that despite public perception, the former minister is still only a suspect, not a convict.
“Ken Ofori-Atta, as at now, is not a suspect who has been tried. He has not been tried yet, and so he’s not guilty. No one has established his guilt,” he stated firmly.
Citing Article 19(3) of the 1992 Constitution, he reminded the public and authorities that every accused person is presumed innocent until proven guilty.
“Because he’s a suspect under Article 19, clause 3 of our Constitution, he is presumed to be innocent until we are able to bring him down,” he stressed.
Prof Ansa-Asare questioned the tone and tactics employed by the OSP in recent days, including what he described as the framing of Ofori-Atta as a fugitive.
“Why declare him the most wanted fugitive running away from justice?” he asked pointedly. “We are making Ken look like a murderous fugitive who has stolen all the assets.”
[embedded content]According to him, even if the Special Prosecutor has concerns or strong suspicions, the rule of law demands a measured response.
“The Special Prosecutor has outlined five very serious issues—not offences here—but issues. If they are not established offences, there is a way all of us will have to go about it, because of the dignity and the fundamental human rights enshrined in the Constitution,” he cautioned.
He further accused the OSP of overreach and acting in a manner that disregards the spirit of constitutional protections.
“I think that the state hasn’t approached it the way that will connect with the fundamental human rights and freedoms that are enshrined in our Constitution,” he said.
Prof Ansa-Asare warned that the current strategy may do more harm than good.
“When you terrorise an innocent citizen, the end result will be that he’s so intimidated that he will find it very difficult to come back. Because the moment the plane lands, he will be arrested,” he said.
“Don’t declare anybody the most wanted fugitive in a red alert manner that he can’t even come back.”
When asked by host Evans Mensah if he believed the former minister was being terrorised, Prof Ansa-Asare replied, “I think so. I think the long arm of the criminal law is seeking to arrest him. It’s now longer than what we are imagining. We could have gone about it in a much more decent manner.”
Prof Ansa-Asare’s appeal was not to halt accountability, but to preserve the integrity of the justice system.
“The law deals with evidence. Let’s act in a way that shows respect for both the law and the individual,” he said.
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