Prof. Stephen Kwaku Asare has raised concerns over the prolonged prosecution of activist Oliver Barker-Vormawor, who has been facing a treason felony charge for nearly three years.
According to him, the case, which stems from a Facebook post criticizing the government’s E-Levy Bill, exemplifies an outdated and oppressive use of Ghana’s colonial-era criminal code.
This follows Barker-Vormawor’s recent revelation that his case has been adjourned to March 18, further prolonging the legal battle.
His alleged crime? A social media post expressing dissent—an action that many legal experts argue falls within the boundaries of free speech.
“Yet, despite an initial arrest in February 2022, a bail grant in March 2022, and a formal charge in August 2022, the case has stagnated. As of February 2025, the state is still struggling to empanel a jury, underscoring the reality that this trial has no viable future.”
Prof. Stephen Kwaku Asare
Accordingly, the legal scholar described the trial as “a textbook example of a prosecution going nowhere; an exercise in futility, a tragic waste of judicial resources, and an affront to constitutional liberties.”
He questioned whether the state should continue a prosecution that lacks clear direction or merit.
Asare emphasized that a treason felony is an extremely serious charge, implying that the accused posed a direct threat to the stability of the state.
However, he pointed out the absence of any evidence suggesting that Barker-Vormawor orchestrated an insurrection, armed a militia, or attempted to overthrow the government.
Instead, he argued that the case is less about treason and more about suppressing dissent and asserting authority.
He also criticized the state for persistently allocating public funds, court resources, and prosecutorial efforts to a case that hinges solely on a Facebook post.
“The state’s persistence in this matter is not legal rigor, but political theater—a stark misallocation of resources that could be devoted to violent crime, corruption, looting, or economic crimes that materially threaten the public interest.”
Prof. Stephen Kwaku Asare
Ethical Dilemma for Prosecutors
Furthermore, Prof. Stephen Asare emphasized that the duty of prosecutors is to uphold justice rather than merely secure convictions.
He emphasized that any legal action must adhere to fundamental principles, pointing out that there must be substantial evidence, requiring clear, credible, and admissible proof of a crime.
Asare indicated that the prosecution should serve the public interest, ensuring that pursuing the case benefits society as a whole.
Additionally, he stated that the case must be built on a solid constitutional and statutory foundation to uphold its legal soundness.
“The Barker-Vormawor case fails on all three counts: There is no substantive evidence of an actual plot against the government; the public interest is harmed, not served, by criminalizing dissent; the legal basis is fragile, as treason felony presumes overt acts, not mere speech.”
Prof. Stephen Kwaku Asare
He went on to characterize the prosecution as more than just futile, calling it a clear misuse of legal discretion that distorts the justice system into a tool for intimidation.
According to him, persisting with the case reflects a deliberate manipulation of prosecutorial authority, turning legal proceedings into a means of suppressing dissent rather than upholding justice.
He stressed that professional prosecutors should not be drawn into politically motivated legal battles.
Asare also emphasized that judges are not mere spectators but are entrusted with upholding justice.
He argued that when a prosecution lacks merit, the judiciary has an obligation to step in and prevent the legal system from being weaponized.
“Under Article 19 of the Ghanaian Constitution, every accused person has a right to a fair trial within a reasonable time. Three years without resolution is a flagrant violation of this right.
“The courts must assert their inherent power to dismiss charges that lack merit, ensuring that litigation is not weaponized against political speech.”
Prof. Stephen Kwaku Asare
He likened the case to “a small Atiwa,” a reference to instances where legal processes are drawn out as a form of punishment rather than a pursuit of justice.
Prosecutorial Independence and Structural Reform
One of the underlying flaws in Ghana’s legal system, Prof. Asare argued, is the fusion of political and prosecutorial power, which often compromises the independence of legal proceedings.
“At the heart of this debacle is a structural flaw—the fusion of political and prosecutorial power. Our Attorney General (AG) is both a legal officer and a political appointee, making the independence of prosecutions inherently compromised.”
Prof. Stephen Kwaku Asare
Accordingly, he proposed key reforms to prevent the abuse of prosecutorial power for political purposes.
He suggested that criminal prosecutions should be handled by a Director of Public Prosecutions (DPP) who is shielded from political influence.
High-profile cases must be subject to judicial oversight to prevent politically motivated prosecutions.
Additionally, stronger prosecutorial ethics should be enforced, requiring regular reviews of cases that remain unresolved for extended periods.
“When a prosecution is used as a cudgel against critics, democracy suffers. A fair legal system must be blind to political affiliations and unwavering in its commitment to liberty.”
Prof. Stephen Kwaku Asare
Asare concluded that the ongoing prosecution of Barker-Vormawor is “an embarrassing misuse of state power.”
He called for the case to be dropped, arguing that resources should be redirected to tackling genuine threats to national security, such as corruption and economic crimes.
“The prosecution of Osagyefo is an embarrassing misuse of state power. It reflects a legal system that, rather than serving justice, has been co-opted for political suppression.
“The state must cut its losses, abandon the trial, and reallocate resources toward actual threats to national security. That is, to corruption, looting, and other financial shenanigans.”
Prof. Stephen Kwaku Asare
As such, he called on judges to fulfill their duty as guardians of justice by dismissing politically driven cases before they erode public trust in the judiciary.
Emphasizing the need for systemic reform, he advocated for a clear division between legal decision-making and political influence, arguing that only through such measures can justice be upheld for all citizens and the right to free expression be protected.
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