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Government Has Turned Prosecutions Into Performances – Kwesi Botchway Jr.

Introduction

In the complex landscape of Ghanaian governance and legal practice, the line between judicial process and political theatre is often thin. Recently, prominent private legal practitioner Kwesi Botchway Jnr. stepped forward to critique the government’s flagship anti-corruption drive, Operation Recover All Loot (ORAL). Speaking on the PleasureNews’ AM Show on December 30, Botchway Jnr. offered a scathing assessment of the initiative, arguing that it has devolved from a legitimate legal procedure into a series of political performances. This article delves into his critique, analyzing the implications of selective prosecution, the use of legal discretion, and the vital distinction between public accountability and constitutional due process.

Key Points

Background

The controversy centers on the Operation Recover All Loot (ORAL) initiative, a campaign heavily promoted by the current administration while they were in opposition. The premise of ORAL was to aggressively pursue and recover misappropriated state funds, with claims that billions of dollars were stolen by officials of the previous coordination government. The narrative was simple and powerful: to hold past officials accountable and return stolen wealth to the state purse.

However, nearly a year into the new administration, the narrative appears to be shifting. Kwesi Botchway Jnr., a seasoned private prison practitioner, highlighted this disconnect during his media appearance. He noted that the aggressive rhetoric used to gain public support has not translated into robust legal victories in the courtroom. The background of this critique lies in the fundamental expectation of a democratic society: that the rule of law prevails over political expediency. The ORAL initiative was supposed to be the vehicle for this accountability, but according to Botchway, it has stalled.

Analysis

Kwesi Botchway Jnr.’s critique provides a necessary lens through which to view the intersection of law and politics. His analysis can be broken down into several critical components.

The Concept of “Performative Justice”

Botchway’s central accusation is that the government has turned prosecutions into performances. In legal theory, justice is blind and objective. However, “performative justice” occurs when legal actions are taken primarily for their symbolic or political impact rather than their legal merit. This involves organizing “stage performances” to pronounce guilt publicly before a court has the chance to do so. By labeling individuals as “criminals,” “thieves,” and “enemies of the state” prematurely, the court of public opinion is rigged, potentially tainting the actual jury pool and violating the presumption of innocence.

Evidentiary Weight and Conviction Rates

A key point in Botchway’s analysis is the lack of successful convictions. He stated, “The number of people lying in court… lacks the weight of evidence to secure any conviction.” This suggests a potential disconnect between political intelligence (or rumors) and admissible legal evidence. In a functioning legal system, high-profile accusations must be backed by forensic accounting, witness testimony, and a chain of custody that meets the “beyond a reasonable doubt” standard. If the government relies on public outrage rather than solid evidence, cases are destined to collapse.

The Strategic Use of Nolle Prosequi

Perhaps the most damning part of the critique involves the withdrawal of charges via nolle prosequi. This is a legal maneuver where a prosecutor decides to drop charges against a defendant. While the Attorney General (AG) has the constitutional right to enter a nolle prosequi, Botchway argues this power is being used selectively. He cites the withdrawal of cases involving the Saglemi Housing project (valued at $200 million), the former Bank of Ghana Governor, and former COCOBOD Chief Executive Steven Opuni. The analysis here is one of consistency: if the goal is to “recover all loot,” why are high-value cases involving politically connected individuals being withdrawn?

Practical Advice

For observers of Ghanaian politics, legal students, and citizens concerned with the fight against corruption, there are several practical takeaways from this situation.

Understanding Prosecutorial Discretion

It is vital for the public to understand the concept of prosecutorial discretion. This refers to the power of the prosecutor (in this case, the Attorney General) to decide whether to bring charges, what charges to bring, and when to drop them. While this is a necessary legal tool to manage resources and prioritize cases, it must be distinguished from political favoritism. Citizens should monitor the patterns of discretion: is it based on the strength of evidence, or political affiliation?

Separating Political Rhetoric from Legal Reality

Botchway’s advice implicitly warns the public not to conflate political campaign promises with legal outcomes. When politicians promise to “jail” opponents, they are speaking in the language of political struggle. When they enter a court of law, they must speak the language of evidence. Practical advice for the electorate is to demand evidence-based updates on high-profile corruption cases rather than accepting public denunciations as proof of guilt.

The Role of the Defense Lawyer

Kwesi Botchway Jnr.’s intervention serves as a reminder of the importance of the defense bar. Even when the state and public opinion are aligned against an accused person, the defense lawyer’s role is to ensure that the state meets its burden of proof and that constitutional rights are respected. This is the safeguard against tyranny in the legal system.

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Conclusion

Kwesi Botchway Jnr.’s critique of the government’s handling of the ORAL initiative highlights a critical tension in Ghana’s democratic journey: the need for accountability versus the imperative of due process. By accusing the government of turning prosecutions into “performances,” he challenges the administration to move beyond political rhetoric and deliver substantive legal results. The selective withdrawal of high-profile cases casts a shadow over the integrity of the anti-corruption fight. Ultimately, true justice is not measured by the volume of accusations made in the media, but by the consistency of convictions in the courtroom, secured through fair trials and irrefutable evidence. The government must ensure that the fight against corruption does not itself become corrupt through the manipulation of legal processes for political convenience.