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Mussa Dankwah Urges Legal Reform to Protect ORAL Cases

February 11, 2025
Lilian Ahedorby Lilian Ahedor
in General News
0
Mussa Dankwah Urges Legal Reform to Protect ORAL Cases

ORAL

Mussa Dankwah, Executive Director of Global InfoAnalytics, has expressed concerns about the political challenges surrounding cases submitted by the Operation Recover All Loots (ORAL) committee to the President, underscoring the need for legal reforms.

Although not a lawyer, Dankwah noted that his observations of the country’s legal proceedings provide insight into how these cases might unfold. 

He cautioned against assuming a National Democratic Congress (NDC) victory in the 2028 elections, warning that if the party fails to win, a new administration’s Attorney General could invoke “nolle prosequi” to discontinue cases initiated by the current government.

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Recognizing that ORAL cases are likely to extend beyond the government’s four-year term, he stressed the importance of proactive measures to ensure their continuation. 

As a solution, he recommended that the Attorney General adequately resource and strengthen the Office of the Special Prosecutor (OSP) to handle politically sensitive ORAL cases. 

Dankwah argued that this would help sustain prosecutions beyond a potential change in government.

Mussa Dankwah
Mussa Dankwah

“While John Dramani Mahama, through his Attorney General, has discontinued several court cases due to what is perceived to be witch hunting, we also saw few nolle prosiqui filings during Nana Addo’s terms, but many of the cases did not even make their way to charges being filed. Therefore, both administrations can be accused of acting as clearing agents with various levels of degrees”.

Mussa Dankwah

Dankwah highlighted that these challenges stem from successive governments failing to separate the roles of the Attorney General and state prosecution. 

Until constitutional amendments are made to address this issue, he believes the best safeguard is to entrust the OSP with politically charged prosecutions.

“This will avoid the accusation of a political witch hunt since the OSP is a former government appointee and, secondly, to ensure that prosecutions will continue even if there is a change of government until we have an amended constitution. These are my thoughts, which are grounded in street knowledge”.

Mussa Dankwah

Legal Reform Urged  to End Prolonged Trials

Legal scholar Prof. Stephen Kwaku Azar Asare also weighed in on the matter, expressing deep concern over the prolonged litigation of cases. 

He argued that unresolved legal disputes spanning several years undermine the core principles of justice—fairness, efficiency, and accessibility.

Supreme Court Ghana
Supreme-Court-Ghana; Legal Reform

“When cases drag on for years, they not only clog the judicial system but also create opportunities for procedural abuses, undue influence, and unnecessary costs. 

“This inefficiency disproportionately affects individuals with fewer resources as they struggle to sustain legal battles that demand time, money, and emotional resilience. The State just taxes people, and so it can keep trying the case even for decades”. 

Prof. Stephen Kwaku Azar Asare

Prof. Asare condemned the current judicial structure, emphasizing that an effective legal system must guarantee timely case resolution. 

Professor Kwaku Asare Azar
Professor Stephen Kwaku Azar Asare

He argued that prolonged delays undermine justice and called for systemic reforms, including stricter case management, the integration of technology to enhance efficiency, and accountability measures to minimize delays. 

According to him, a legal system that fails to deliver timely resolutions risks losing both its credibility and effectiveness. “There is no reason why trials should go beyond three months! Put reformers on the rules of the court committee!” 

Political Trials And Public Perception

Regarding politically motivated trials, Prof. Asare raised concerns about the basis for prosecuting certain individuals, questioning the legitimacy of many cases. 

He argued that some prosecutions appear to be driven more by political interests than by genuine legal merit, undermining public confidence in the justice system. 

According to him, the selective application of the law erodes trust in judicial processes and highlights the need for reforms to ensure fairness and impartiality in legal proceedings.

Law
Law; Legal Reform

“If the President does wrong—any President—I will be one of the first to say so. We have many cases that, stripped of the politics, are dead! Who believes the prosecution of Quayson makes sense? Did a court, not free Ato Forson and Jakpa? Why are they still being prosecuted? What about Afoko and Sexy Dondon?” 

Prof. Stephen Kwaku Azar Asare

He further referenced the highly debated trial of Dr. Stephen Opuni and businessman Seidu Agongo, highlighting instances where prosecution witnesses have contradicted the state’s case. 

Questioning the legitimacy of such proceedings, he pointed out that even the evidence presented by the prosecution appears to support the defense. 

He criticized the continuation of cases that lack substantive grounds, stressing that legal proceedings should prioritize justice over political agendas.

“The politicians like these trials. I’m not a politician. I want justice for all. I would like to know what the career prosecutors suggested in these cases. Were they overruled? If not, what investigations were made, and how come the cases are so weak? And so should everyone!” 

Prof. Stephen Kwaku Azar Asare

As discussions on legal accountability and judicial reforms continue, it remains to be seen whether concrete steps will be taken to address these concerns or if political influence will continue to shape the nation’s legal landscape.

READ ALSO: Da’esh Terrorism Threat Persists Despite Global Crackdown

Tags: Attorney GeneralJudicial ReformORAL CommitteePolitical TrialsSpecial Prosecutor
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