Legal expert and Democracy and Development Fellow at CDD-Ghana, Prof. Stephen Kwaku Asare, has stated that the discontinuation of the Oliver Barker-Vormawor treason-felony trial should not mark the end of the search for justice.
Prof. Asare maintained that the state prosecutors involved in the case must face “consequences”, arguing that for three years, they relentlessly pursued a case that had no legal merit.
He argued that in doing so, they not only displayed professional incompetence but also became complicit in what he described as state-sponsored intimidation.
According to Prof. Asare, prosecution is a deliberate choice—one that requires legal merit, public interest, and integrity.
In this case, he argued, prosecutors failed on all counts, wasting public resources, disregarding the law, and turning the justice system into a political weapon.
“The prosecution service exists to uphold the rule of law, not to serve the whims of those in power. Prosecutors are not errand boys for political actors; they are legal professionals bound by a duty to ensure justice, not to execute vendettas.”
Prof. Stephen Kwaku Asare
He elaborated that any prosecutor acting in good faith should have rejected the case at its inception, citing the absence of an actionable crime.
Instead, they proceeded with a case lacking merit, damaging the credibility of the prosecution service and eroding public trust in the justice system.
Prof. Asare further outlined specific reasons why prosecutors must be held accountable for their actions.
He pointed out that there was never any evidence of an attempt, preparation, or unlawful means to overthrow the government.
“Did they truly believe a Facebook post was a coup attempt? Did they think executive power could be usurped from a phone? Or was this trial designed to send a chilling message to others?”
Prof. Stephen Kwaku Asare
He argued that either way, the prosecution’s actions amount to professional misconduct, which must be addressed.
He lamented that while serious crimes such as fraud, corruption, robbery, and murder remained unresolved, the state prosecutors spent three years pursuing a case that should never have been initiated.
“Our judiciary is overburdened, our prisons overcrowded, our justice system slow and inefficient—and yet resources were wasted on a case that should never have been initiated. The public deserves accountability for this reckless waste.”
Prof. Stephen Kwaku Asare
Prof. Asare argued that the true measure of democracy lies not in how it serves the powerful and well-connected but in how it upholds the rights of dissenters, critics, and everyday citizens who dare to voice their concerns.
He emphasized that a government’s commitment to democratic values is tested when individuals challenge authority or express unpopular views.
He contended that this prosecution was never truly about justice but rather a means of silencing individuals who express frustration, question authority, or refuse to conform to the dominant political narrative.
In his view, such actions set a dangerous precedent that undermines free speech and weakens democratic institutions. “When prosecutors abandon their duty to uphold fairness and instead become instruments of suppression, they betray the very Republic they are meant to serve.”
What Happens Next?
Furthermore, Prof. Stephen Kwaku Asare emphasized the need for decisive action to prevent similar abuses in the future.
He called on the Attorney General, Dr. Dominic Ayine, to conduct a formal review of the prosecution’s conduct, demanding accountability from those responsible.
According to him, if it is determined that the case was pursued without merit, disciplinary measures should be enforced.
He also stressed the urgency of legal reforms to curb politically motivated prosecutions.
To achieve this, he proposed implementing a stricter evidentiary threshold for treason-related charges to prevent frivolous cases.
Additionally, he advocated for independent oversight mechanisms to identify and challenge politically driven prosecutions before they escalate into prolonged legal battles.
In his view, this trial was not a failure of the law itself but a failure of those who manipulated it for their own ends.
Beyond legal reforms, Prof. Asare insisted that those who knowingly pursued this baseless case must face professional “consequences”.
He argued that judges who entertained the flawed proceedings should also be scrutinized for failing to uphold due process.
Furthermore, he criticized institutions such as the Ghana Bar Association, the Christian Council, and civil society organizations for their silence, urging them to reflect on their failure to defend fundamental rights when it mattered most.
“For three years, these institutions watched as the Constitution was trampled in broad daylight and did nothing. Their complicity cannot be ignored.”
Prof. Stephen Kwaku Asare
Justice, according to Prof. Asare, is not just about halting a wrongful prosecution but ensuring that those responsible are held accountable.
“If this disgrace is simply forgotten, what message does it send to the next prosecutor looking to score political points, the next government seeking to silence dissent, the next judge willing to look the other way?”
Prof. Stephen Kwaku Asare
Accordingly, he concluded that accountability is not about revenge—it is the foundation of justice.
If justice is to mean anything, then those who orchestrated this legal travesty must answer for their actions.
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