The Erosion of the Presumption of Innocence: A troubling legal trend under Ghana’s new NDC administration

One of the most sacrosanct principles of justice in any functioning democracy is the presumption of innocence until proven guilty. This foundational legal doctrine is not merely a procedural formality — it is a civilisational achievement, a shield against tyranny, and a fundamental pillar of the rule of law. Yet in present-day Ghana, under the new NDC administration, this principle appears to be under assault in ways that should concern every citizen, regardless of political allegiance.

Since assuming office, the Attorney General, Dr. Dominic Ayine, has adopted a practice that is legally unorthodox and ethically troubling: convening press conferences to discuss alleged crimes and supposed wrongdoings of individuals without bringing formal charges against them. To date, no fewer than ten such press briefings have been held — each one replete with public commentary, allegations, and suggestive rhetoric aimed at individuals who, in the eyes of the law, remain innocent.

This conduct is not merely unprofessional; it is legally and constitutionally suspect. In effect, the Attorney General — the very custodian of the public prosecution system — is arming the court of public opinion as a surrogate for due process. The implications are profound. When the state’s chief legal officer stands before microphones to indict individuals verbally, without initiating legal proceedings, he blurs the lines between investigation, prosecution, and persecution.

Worse still, this behaviour has galvanised a dangerous trend among party foot soldiers, social media influencers, and partisan bloggers aligned with the NDC. Fueled by the Attorney General’s press conferences, they take to public platforms to label alleged suspects as criminals, assign guilt, and launch character assassinations. In many cases, these individuals have no opportunity to defend themselves before a competent court because no formal case has been initiated against them.

The cumulative effect is the subversion of justice. The presumption of innocence is not a luxury; it is the lifeblood of any free society. To suggest, without evidence tested in court, that someone is guilty — and to amplify such claims through press briefings — constitutes a gross abuse of prosecutorial discretion. It also raises questions about motive: Are these press conferences a genuine attempt to inform the public, or a veiled strategy to discredit political opponents and civil society actors through insinuation and innuendo?

This disturbing development must be confronted with clarity and courage. Ghana’s legal fraternity, civil society, and media must demand a return to constitutional orthodoxy. The role of the Attorney General is not to try cases through televised briefings or to feed political narratives with half-formed allegations. It is to uphold the Constitution, apply the law dispassionately, and ensure that justice is served in a court of law, not on a podium.

If this trend continues unchecked, we risk normalising trial by media and replacing the scales of justice with the spectacle of political theatre. Today, it may target the unpopular or the politically vulnerable; tomorrow, it may target anyone. The rule of law must never bend to partisan expediency.

As a nation, we must insist that our leaders — especially those entrusted with the sacred duty of justice — conduct themselves in accordance with legal ethics, constitutional safeguards, and democratic values. Anything less is a betrayal of the very system that protects us all.

JA Sarbah
A Political Observer.

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.