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in General News

Prof. Asare Urges Focus on Legal Integrity in Discontinued “Pro-NDC” Cases

Lilian Ahedorby Lilian Ahedor
January 30, 2025
Reading Time: 4 mins read
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Professor Stephen Kwaku (Azar) Asare

Addressing  P.K. Sarpong’s concerns about the halted prosecutions of seven pro-NDC members, Prof. Stephen Kwaku Azar Asare has called for a more nuanced discussion.

Recently, Sarpong, a loyalist of the NPP, criticized the discontinuation of these cases and the perceived silence of good governance advocates. 

The case was discontinued following the newly appointed Attorney General Dominic Ayine’s commitment to reassess the trials of former NDC appointees, including those accused of causing financial loss to the state.

Accordingly, Prof. Asare acknowledged that while the issue raises valid concerns about governance, the rule of law, and anti-corruption efforts, any objective analysis must go beyond political narratives to consider the legal and procedural factors at play.

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“Each of these cases has been in the judicial system for at least seven years. This raises fundamental questions about the efficiency and sustainability of such prosecutions. If a case has been in court for nearly a decade without a conviction, it is reasonable to ask whether the evidence was ever strong enough to meet the legal threshold. 

“The fact that the Court of Appeal dismissed at least one of these cases after a trial judge had ordered the defense to open its case suggests that the prosecution may not have met its burden of proof”.

Prof. Stephen Kwaku Azar Asare

Asare stressed that justice requires efficiency and certainty. Prolonged prosecutions with no clear outcomes weaken confidence in the legal system and drain public resources. 

As such, he maintained that the real issue is whether these cases were solidly built from the start.

He noted that while there is a push to scrutinize the decision to discontinue these cases, little attention is given to the prosecution’s handling of them. 

MARTYRS OF THE RULE OF LAW
Martyrs of the Rule of Law Marker

He also pointed out that if the courts were favorable, the failure of these cases raises concerns about whether they were rushed, lacked sufficient evidence, or were politically motivated.

Accordingly, he urged that accountability should not only focus on the abandonment of these cases but also on why, after seven years, the prosecution failed to secure convictions. A strong case should not take nearly a decade to prove.

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Prof. Asare emphasized that good governance requires justice to be pursued fairly, efficiently, and on solid legal grounds. 

According to him, if cases fail due to weak evidence or procedural flaws, the issue lies in their initiation, not their discontinuation. 

He also questioned whether it makes sense to continue prosecuting cases dismissed for lack of merit, especially if there is no clear path to conviction after several years. “Justice is not served by perpetuating legal uncertainty”.

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Call for Legal Reforms and Accountability in Prosecutions

Furthermore, Prof. Asare suggested that instead of framing the discussion purely as a political issue, it would be more productive to focus on how politically sensitive prosecutions can be built on solid legal foundations rather than expedient narratives. 

He also emphasized the need to learn from these abandoned cases to improve future prosecutions and ensure the justice system is not used as a tool for prolonged political battles but for genuine accountability.

Law
Law

Asare emphasized the importance of systemic reforms to enhance prosecutorial integrity, improve case management, and ensure efficient delivery of justice. 

He argued that the strength of a legal system should be measured by its ability to provide fair, timely, and legally sound outcomes, not by the duration of prosecutions.

“GOGO remains steadfast in its support for any and all efforts to protect and recover looted public assets. We believe in holding individuals accountable for corruption and financial misconduct, regardless of their political affiliation. 

“However, we do so in a neutral and principled manner, refusing to politicize the fight against corruption. Our stance has always been that accountability must be pursued through due process, with cases built on solid evidence and prosecuted efficiently within the boundaries of the law”.

Prof. Stephen Kwaku Azar Asare

Asare affirmed that his commitment to anti-corruption does not mean supporting endless prosecutions of cases with no progress. 

He emphasized that justice is not achieved by leaving individuals in legal uncertainty for years when cases lack the necessary strength to secure convictions. “The rule of law demands not only the pursuit of accountability but also efficiency and fairness in legal proceedings”.

READ ALSO: Canada’s Joly To Meet US’ Rubio 

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