Renowned Ghanaian legal practitioner and journalist, Samson Lardy Anyenini, has emphasized the need for strict adherence to due process in criminal trials, warning against shortcuts and media-driven justice.
Speaking in response to recent developments involving the Office of the Special Prosecutor’s move to place former Finance Minister Ken Ofori-Atta on an INTERPOL red notice, Mr. Anyenini stated firmly that trials cannot be initiated virtually or in the absence of the accused.
“Trial is not a Zoom call,” he wrote. “We do not commence criminal proceedings with a trial in absentia.”
The host of Newsfile warned of the potential erosion of fundamental rights if legal systems bend to public pressure or expediency. He reiterated that arrests, detention, and court-supervised restrictions are the globally accepted routes for ensuring accountability under the law. “When you breach public law, you deal with the Republic,” he stressed.
Due Process Is Non-Negotiable in Criminal Law
Mr. Anyenini explained that, unlike private dispute,s which can be resolved between parties, public law offences demand a structured legal approach.
“The law does not permit me to hit and run, nor does it allow criminal charges to be filed in my absence—certainly not at the outset.”
He emphasized that criminal accountability starts with the physical presence of the accused, followed by a lawful arrest or summons, and not remote accusations or public declarations.
Using a practical example, he noted: “If I violate traffic laws and kill someone, the State intervenes. Even if no one is harmed, the Republic may still restrict my driving or require counseling for the protection of the public.”
Rejecting Vigilante and Media-Led Justice
Mr. Anyenini firmly condemned any form of vigilante justice or trial by media, noting: “We do not live in a jungle where the strongest prevail. The legal system, not mob justice, must determine guilt or innocence.”
He underscored that proper legal action involves arrest or restriction by law enforcement under court supervision.
Legal Procedures Must Be Respected
The lawyer broke down the essential steps in criminal prosecution: suspect, charge, court, plea, and insisted that these cannot be bypassed. He added that even for minor offences, written pleas are allowed only under specific legal provisions and always in court.
“Personal attendance at criminal trials is never automatically waived in Ghana or anywhere else,” he said. “Mechanisms like arrest warrants and bench warrants exist to uphold this principle.”
A Warning Against Undermining Justice
Mr. Anyenini concluded with a strong warning about the dangers of undermining due process: “When people accused of serious crimes are tried on paper but remain free, society fails. Upholding fairness, justice, and due process is essential to maintaining order.”
As debates around accountability and justice intensify in Ghana, Mr. Anyenini’s message is clear: the integrity of the legal system must remain intact, no matter how high-profile the case.
