Lawyer highlights selective zeal in prosecution under current govt

Lawyer Lawrence Kwesi Botchway Jnr, Barrister & Solicitor of the Supreme Court of Ghana, has accused the current government of exhibiting selective zeal in its prosecutions, raising concerns about the politicization of justice in the country.

In a detailed statement, he argued that the National Democratic Congress (NDC) administration is disproportionately targeting figures associated with the former New Patriotic Party (NPP) while allowing politically connected allies to escape scrutiny. He also questioned whether the country is witnessing a systemic erosion of the rule of law under the current administration.

“In every vibrant democracy, the rule of law is a cornerstone, ensuring justice is dispensed impartially, free from political manipulation or public relations theatrics,” he said. “Yet, troubling patterns have emerged in Ghana’s political climate, with justice increasingly appearing to be weaponized as a partisan tool rather than pursued for the public good.”

Botchway cited the immediate post-election media campaigns by leading NDC figures, including Samuel Okudzeto Ablakwa, Felix Kwakye Ofosu, and Malik Basintale, which, he said, involved publicly naming and shaming individuals aligned with the previous New Patriotic Party (NPP) government. The so-called “ORAL list” of alleged offenders, according to him, was wielded as a political instrument, undermining constitutional guarantees such as Article 19(2)(c), which enshrines the presumption of innocence.

“Party communicators gleefully waved about the ORAL list as though Ghana had suddenly ceased to be a constitutional democracy,” he noted.

The lawyer also highlighted the wave of high-profile prosecutions launched by the National Democratic Congress (NDC) administration, which he said disproportionately targeted NPP figures while abruptly discontinuing several cases involving NDC affiliates. “The uneven application of the law raises urgent questions: Is justice truly being served, or is it being bent to the service of partisan strategy?” he asked.

According to Botchway, the prosecutions were executed with “deliberate spectacle,” often featuring dramatic arrests, armed escorts, and media coverage that maximized public humiliation. Notable cases included one, Kwabena Adu Boahene and others, accused of misappropriating GH₵49.1 million earmarked for cybersecurity.

Two, the National Service Scheme ghost names scandal, allegedly causing GH₵548 million in losses. Three, the NPA UPPF case, alleging GH₵280 million extortion and laundering. Four, the Airport Company Ltd case against journalist Paul Adom Otchere. Five, the CEO of GIIF, detained with a GH₵15 million bail requirement.

Six, SML Revenue Assurance Contracts irregularities involving Rev. Dr. Ammishaddai Owusu-Amoah. Seven, Former Finance Minister Ken Ofori-Atta, declared a fugitive under Interpol while undergoing cancer treatment in the US.

Yet, he noted, despite the publicity, “no convictions have been achieved” in these cases. In contrast, prosecutions involving NDC figures were quietly discontinued, citing “public interest” or strategic considerations. Examples include Collins Dauda (Saglemi Housing Project), Ernest Thompson (SSNIT OBS Project), Stephen Opuni (COCOBOD Fertilizer Scandal), Cassiel Ato Forson (Ambulance Deal), and Kwabena Duffuor (UniBank Collapse).

Lawyer Botchway highlighted the striking inconsistency between the leniency granted to convicted William Ato Essien of Capital Bank, who was released on bail pending appeal, and the punitive bail conditions imposed on accused NPP figures like Kwabena Adu-Boahene. “The silence of the Attorney-General on the Essien matter, juxtaposed with his aggressive pursuit of Adu-Boahene, reveals a pattern of selective zeal,” he said.

The lawyer also accused the government of weaponizing state security institutions. He cited Richard Jakpa, Director of Special Operations at the Office of the National Security Coordinator, who was allegedly involved in Rambo-style raids on former NPP officials’ homes, including those of Ken Ofori-Atta and Dr. Ernest Addison, despite being dishonorably discharged from the army decades earlier.

He further criticized judicial interference, including the suspension of Chief Justice Gertrude Torkornoo, which he described as unprecedented in Ghana’s post-1992 constitutional history. He questioned the expansion of the Supreme Court from 13 to 20 justices, suggesting it may tilt the judiciary in favor of the ruling party amid the ongoing constitutional review process.

He also condemned the current government’s media strategy, which he says has co-opted journalists, civil society organizations, and clergy to serve partisan ends. He cited multiple media personalities who have transitioned into government roles, arguing that the independence of the press has been compromised.

“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, Ghana risks undoing the hard-won democratic gains of the Fourth Republic,” he stated.

He warned that: “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.”