Renowned legal practitioner and activist, Osagyefo Mawuse Oliver Barker-Vormawor, has sharply criticized Ghana’s legal and judicial system in the wake of former Finance Minister Ken Ofori-Atta’s decision to sue the Office of the Special Prosecutor (OSP).
Barker-Vormawor lamented that the country’s current legal framework is ill-equipped to combat entrenched corruption, arguing that the judicial structure is dominated by judges sympathetic to the old regime, making it easy for corrupt individuals with financial resources to manipulate the system in their favor.
The activist expressed disappointment, stating that Ghana has missed a critical opportunity to reform its anti-corruption mechanisms.
“All you need is enough money as a corrupt person. You can litigate the Government machinery into the ground. Judges sympathetic to the old regime dominate the Court structure. Just watch and see. They will become bolder and bolder.”
Osagyefo Mawuse Oliver Barker-Vormawor, Legal Practitioner and Activist
His comments come in the wake of former Finance Minister Ken Ofori-Atta’s recent legal action against the OSP, where the former minister is challenging the legality of his designation as a “wanted” person and a “fugitive from justice.”
Mr. Ofori-Atta’s lawsuit contends that the OSP overstepped its statutory authority by making such declarations through a media briefing, thereby violating his fundamental human rights and breaching constitutional provisions.
A Failing Anti-Corruption System
Barker-Vormawor’s critique underscores a broader concern that Ghana’s legal system, in its current form, is incapable of tackling corruption effectively.
He reiterated his long-held belief that the NDC’s administration, much touted Operation Recover All Loot anti-corruption campaign’s approach was bound to fail unless it was fundamentally restructured to operate with extraordinary legal authority.
“This is why I have always insisted that ORAL was our opportunity as a nation to retool law and the mechanisms to better address corruption.
“We need extraordinary and emergency legal authority to revamp the approach, strategy, and tools—asset seizures, an avalanche of forensic audits, and institutional realignments” .
Osagyefo Mawuse Oliver Barker-Vormawor, Legal Practitioner and Activist
He further criticized the reliance on traditional legal processes to fight corruption, insisting that using the same Attorney General’s Department, the same court system, and the same legal framework would inevitably lead to failure.
His disappointment was palpable when he declared, “I am sad to say that on the evidence so far, ORAL is failing and has failed. We are missing (or perhaps have missed) the critical window.”
The legal standoff between Ken Ofori-Atta and the OSP has reignited debates about the effectiveness and independence of Ghana’s anti-corruption institutions.
Last month, the OSP declared Ofori-Atta a “wanted” man, citing his failure to make himself available for questioning in connection with corruption-related investigations.
This move was widely seen as an aggressive attempt to hold powerful political figures accountable, but Ofori-Atta has since fought back through legal channels.
Barker-Vormawor’s comments reflect a growing public concern about the politicization of the judiciary and the ability of well-connected individuals to evade justice.
His assertion that “judges sympathetic to the old regime dominate the Court structure” suggests a lack of confidence in the impartiality of the legal system.
Critics argue that judicial appointments in Ghana have long been influenced by political considerations, leading to a system where certain cases may not receive fair adjudication.
The activist’s call for an “avalanche of forensic audits and institutional realignments” suggests that mere prosecutions will not be enough to uproot corruption.
He advocated for a more radical overhaul of Ghana’s anti-corruption infrastructure, including asset seizures and emergency legal measures that go beyond the current scope of the Operation Recover All Loot.
Barker-Vormawor also bemoaned what he sees as a national distraction from the real issues. Instead of focusing on structural legal reforms, he suggests that the new administration is embroiled in debates over political appointments, missing a crucial opportunity to implement meaningful anti-corruption strategies.
“Time no dey, nanso, everybody commot eye dey fight appointments. Shalom!” he quipped, expressing frustration at the lack of urgency in addressing systemic corruption.
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