Professor Kwaku Ansa-Asare, former Director of the Ghana School of Law, has condemned the actions of the Office of the Special Prosecutor, labeling their efforts to criminalize the former Finance Minister as an act of terrorism.
In an interview on Joy News’ PM Express, Prof. Ansa-Asare stated that the treatment the OSP has subjected the former Finance Minister to by declaring him a fugitive of justice, even though the allegations against him have not been substantiated, is unfair and unconstitutional.
According to him, Ken Ofori-Atta is just a suspect of the law as long as the OSP has not made any effort to prove his guilt through a proper court system.
“Ken Ofori-Atta, as at now, is not a suspect who has been tried. He has not been found guilty. No one has established his guilt, so he’s a suspect,” he said.
He emphasized that Ken Ofori-Atta remains innocent of whatever allegations leveled against him until the needful has been done by the OSP to see him face the full wrath of the law.
“Because he’s a suspect under Article 19, Clause 3 of our own Constitution, he is presumed to be innocent until we are able to bring him down,” he asserted.
Prof. Ansa-Asare expressed particular concern about the special prosecutor’s alleged aggressive tactics, adding that the former minister is being treated like a murderous criminal even though the allegations have not been substantiated.
“My take on this whole issue is, why declare him the most wanted fugitive running away from justice? You are making Ken look like a murderous fugitive who has stolen all the assets.”
“The special prosecutor has outlined five very serious issues. Not offenses—issues. If they are not established offenses, there’s a way all of us will have to go about it because of dignity and the fundamental human rights enshrined in the Constitution,” he explained.
Prof. Ansa-Asare gave a candid response when asked if the OSP was being inconsiderate. According to him, such behavior leads to embarrassment and anxiety.
“I think the state hasn’t approached it in a way that connects with the fundamental human rights and freedoms enshrined in our Constitution. If the Constitution gives us the presumption of innocence, don’t declare anybody the most wanted fugitive on a red alert he can deposit on the way.”
He also asserted that the former minister is being intimidated by the OSP, hence his reluctance to return to Ghana, refusing to be embarrassed. He added that he believes the former minister is being terrorised by the OSP, however, the issues could have been handled in a much more convenient manner.
“When you terrorize an innocent citizen, the end result is that he’s so intimidated he will find it difficult to come back. Because the moment the plane lands, he will be arrested. The long arm of the criminal law is seeking to arrest him. So it’s now longer than what we are imagining. We could have gone about it in a much more decent manner,” he said.
