Mussa Dankwah, Executive Director of Global InfoAnalytics, has called for the creation of an independent State Prosecution Department in Ghana, arguing that such a move would insulate prosecutorial decisions from political interference.
His comments come in the wake of the Attorney-General’s recent withdrawal of criminal cases against high-profile officials of the opposition National Democratic Congress (NDC), sparking renewed debate over the politicization of Ghana’s justice system.
In a Facebook post, Dankwah emphasized the need for career prosecutors to lead the proposed department, ensuring that legal proceedings are free from political influence. “There is a reason we have been urging the creation of a State Prosecution Department led by career prosecutors,” he wrote. “The Attorney General’s department has been used to persecute individuals in incoming governments perceived as corrupt, leading to accusations of political persecution.”
Dankwah’s remarks were prompted by Attorney-General Dr. Dominic Ayine’s decision to drop charges against former NDC Chairman Samuel Ofosu Ampofo and the party’s Communications Officer, Anthony Kwaku Boahen. The two had faced trial since December 2019 over a leaked audio recording in which Ofosu Ampofo allegedly discussed plans to instigate crimes, including kidnappings and arson, to create insecurity and blame the ruling New Patriotic Party (NPP). The case, which involved charges of conspiracy to cause harm and assault against public officers, was dismissed following the withdrawal.
Dankwah criticized the cyclical nature of Ghana’s political landscape, where successive governments have ignored calls to separate the Attorney-General’s office from state prosecution. “Successful governments turn a blind eye to this flaw because they intend to use the same tool to target their opponents. They only recognize the problem when they are in opposition,” he stated.
He also highlighted the perceived independence of the Office of the Special Prosecutor (OSP), which has not filed any nolle prosequi (a formal notice to discontinue a case) despite the change in government. “The OSP’s insulation from political interference allows it to pursue cases it deems prosecutable,” Dankwah noted. “But honestly, which government would allow its former officials to be prosecuted by its own Attorney-General? How vigorously would such cases be pursued?”
The withdrawal of the cases against Ofosu Ampofo and Boahen has reignited concerns about the fairness and impartiality of Ghana’s legal system. Dankwah expressed hope that the ongoing constitutional review process would address the issue, ensuring that future prosecutions are free from accusations of political witch-hunts.
“We don’t want the NDC to accuse any future NPP government of political persecution if their members are accused of criminality,” he said. “This issue must be resolved once and for all to restore public confidence in our justice system.”
As Ghana grapples with these challenges, the call for an independent State Prosecution Department underscores the urgent need for reforms to safeguard the integrity of the country’s legal framework and prevent the weaponization of justice for political gain.
