Political lawfare threatens Ghana’s democracy – Lawyer Kwesi Botchway Jnr warns

Lawyer and Barrister of the Supreme Court of Ghana, Lawrence Kwesi Botchway Jnr, has raised serious concerns over what he describes as the weaponization of law and systematic erosion of the rule of law in Ghana’s current political climate.

In a statement on the developments since the December 2024 elections, the legal practitioner warned that political lawfare threatens the very foundations of Ghanaian democracy.

“In every vibrant democracy, the rule of law is a cornerstone, ensuring justice is dispensed impartially, free from political manipulation or public relations theatrics. Yet, in Ghana’s current climate, justice increasingly appears selectively applied and weaponized as a partisan tool rather than pursued for the public good,” he stated.

He highlighted the actions of leading figures within the National Democratic Congress (NDC) who, shortly after assuming office, publicly named and accused several individuals linked to the previous New Patriotic Party (NPP) administration. Figures such as Samuel Okudzeto Ablakwa, Minister for Foreign Affairs and chair of the ORAL Initiative, Felix Kwakye Ofosu, and Malik Basintale, were prominent in broadcasting allegations, often bypassing due process. “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,” Lawyer Botchway noted.

The lawyer criticized the government for a pattern of selective prosecutions. High-profile cases targeting NPP officials have been aggressively pursued with dramatic “Rambo-style” arrests, media fanfare, and steep bail conditions, while cases involving NDC-affiliated individuals have often been quietly discontinued. Notable cases include Kwabena Adu Boahene, former Director-General of the National Signals Bureau, facing charges for alleged misappropriation of GH₵49.1 million, and high-profile financial scandals such as the National Service Scheme ghost names and SML Revenue Assurance contracts.

Conversely, several prosecutions involving NDC figures, including Collins Dauda over the Saglemi Housing Project, Ernest Thompson from SSNIT, and Kwabena Duffuor over UniBank, have been dropped citing “public interest” or strategic reasons. Lawyer Botchway questioned this disparity: “Selective zeal in prosecution exposes an uncomfortable truth: under the present administration, the law appears to be a weapon wielded in only one direction.”

Lawyer Botchway also drew attention to the apparent politicization of state security agencies. He cited Richard Jakpa, Director of Special Operations at the Office of the National Security Coordinator, who despite a dishonorable discharge from the Ghana Armed Forces, has been at the forefront of politically charged raids on the homes and offices of former NPP officials, including Finance Minister Ken Ofori-Atta and former Bank of Ghana Governor Dr. Ernest Addison. Such operations, he argues, undermine the impartial role of security institutions and turn them into instruments of political intimidation.

The judiciary, he emphasized, is not immune. The suspension of Chief Justice Gertrude Torkornoo—a first in Ghana since 1992—has stirred public unease. In an unprecedented move, President Mahama also swore in seven new Supreme Court justices, expanding the apex court from 13 to 20, raising questions about judicial independence. “If the executive can suspend a sitting Chief Justice and stack the apex court with preferred appointees, the principle of separation of powers is not just under attack; it is being dismantled in real time,” he said.

The lawyer further condemned the government’s media strategy, which he described as a deliberate partnership with media outlets to shape public opinion. Highlighting appointments of journalists and civil society figures into government roles, Botchway warned that this erodes the independence of watchdog institutions, allowing propaganda to replace accountability.

“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, and if security agencies operate as political enforcers, Ghana risks undoing the hard-won democratic gains of the Fourth Republic. Democracies do not collapse overnight; they erode quietly, precedent by precedent. Ghana now stands at a threshold of political lawfare weaponization and systemic erosion of the rule of law,” the lawyer added.