Executive interference in Judiciary is a dangerous precedent – Lawyer Kwesi Botchway Jnr
Lawyer Lawrence Kwesi Botchway Jnr, Barrister & Solicitor of the Supreme Court of Ghana, has raised serious concerns over what he calls executive interference in the judiciary, warning that recent actions and trajectory by the government set a dangerous precedent for Ghana’s democratic governance and the rule of law.
In a comprehensive statement, Mr. Botchway Jnr questioned, “Is Ghana losing it? Political lawfare weaponization and systemic erosion of the rule of law!” He argued that in every vibrant democracy, the rule of law ensures impartial justice, free from political manipulation or public relations theatrics. Yet, he contends, since the December 2024 elections, Ghana has witnessed troubling patterns where justice appears selectively applied and weaponized as a partisan tool rather than pursued for the public good.
The lawyer cited the early media campaigns by leading NDC figures, including Samuel Okudzeto Ablakwa, Minister for Foreign Affairs and chair of the Operation Recover All Loot (ORAL) Initiative, Felix Kwakye Ofosu, Minister of State for Government Communications, and Malik Basintale, Deputy National Communications Officer and CEO of the Youth Employment Agency. These individuals, he said, publicly accused opposition figures, effectively declaring them guilty in the court of public opinion. “Party communicators gleefully waved about the so-called ORAL list as though Ghana had suddenly ceased to be a constitutional democracy bound by Article 19(2)(c), which guarantees that every citizen is innocent until proven guilty,” he noted.
Highlighting selective prosecutions, Botchway Jnr pointed out that while several high-profile cases have targeted former NPP officials, prosecutions involving NDC figures were abruptly discontinued through nolle prosequi motions. Among these were Collins Dauda of the Saglemi Housing Project, Ernest Thompson of the SSNIT OBS Project, Stephen Opuni and Seidu Agongo of the COCOBOD Fertilizer Scandal, Cassiel Ato Forson over the Ambulance Deal, and Kwabena Duffuor in the UniBank collapse. “The contradictions have become clear,” he said, citing the stark difference in treatment between William Ato Essien, a convicted former CEO of Capital Bank, who was granted extraordinary bail pending appeal, and Kwabena Adu-Boahene, arraigned for allegedly misappropriating a smaller sum yet subjected to punitive bail conditions.
Lawyer Botchway Jnr also criticized the use of state security agencies, particularly the National Intelligence Bureau, in high-profile “Rambo-style” raids. He mentioned Richard Jakpa, Director of Special Operations at the Office of the National Security Coordinator, whose controversial involvement in operations targeting former NPP officials exposed what he called “the deliberate politicization of security institutions.” These raids, including those on the residences of former Finance Minister Ken Ofori-Atta and former Bank of Ghana Governor Dr. Ernest Addison, were described as emblematic of a system where political patronage overrides merit and integrity.
Lawyer Botchway Jnr also condemned the suspension of Chief Justice Gertrude Torkornoo, noting it as unprecedented since 1992. “President Mahama presided over a decision that saw the Chief Justice suspended based on three petitions shrouded in secrecy,” he said. The subsequent swearing-in of seven new Supreme Court justices, increasing the court from 13 to 20, was described as a potential strategy to tilt the judiciary in favour of the ruling party, especially as Ghana embarks on a constitutional review.
Furthermore, he highlighted the government’s media strategy, arguing that traditional and digital platforms have been harnessed to propagate the narrative “Aban Papa Aba,” creating public pressure and shaping opinion while deflecting scrutiny from the administration. He noted that several prominent journalists and civil society actors, previously critical of government, now occupy positions within the NDC administration, blurring the line between independent oversight and political patronage.
“Institutions designed to check power are being bent to entrench it. This is not about NDC versus NPP. It is about the soul of Ghana’s democracy. If the law ceases to be impartial, if justice becomes vengeance, if security agencies operate as political enforcers, and if the media trades independence for patronage, then Ghana risks undoing the hard-won democratic gains of the Fourth Republic.”
He cautioned: “Democracies do not collapse overnight; they erode quietly, precedent by precedent, until the protections once taken for granted are gone. Ghana now stands at a threshold of political lawfare weaponization and systemic erosion of the rule of law.”
