Justice, not endless trials –Kwaku Azar reacts to dropped Cases

Stephen Kwaku Asare, a Professor at the University of Florida and D&D Fellow on Public Law and Justice at CDD-Ghana, widely known as Kwaku Azar, has weighed in on the recent decision to drop prosecutions against seven pro-NDC figures.

In a thought-provoking commentary, he argues that justice should not be confused with prolonged, inconclusive trials. He highlights that each of these cases has been in the judicial system for at least seven years, raising the question of whether such extended proceedings without conviction truly serve justice.

“If a case has been in court for nearly a decade without a conviction, it is reasonable to question if the evidence was ever sufficient to meet the legal standard,” Azar noted.

He emphasized that justice requires both efficiency and certainty, asserting that prolonged prosecutions erode confidence in the legal system and impose unnecessary burdens on defendants and public institutions.

Azar pointed to an example where the Court of Appeal dismissed a case after a trial judge insisted the defense present its case, indicating that the prosecution had failed to prove its case.

While critics have focused on the decision to drop the cases, Azar believes the key issue lies in understanding why the prosecutions failed initially.

“Why were these cases not successfully prosecuted, despite claims that the courts were favorable to the prosecution? Were they rushed? Was the evidence insufficient? Were the charges politically motivated?” he questioned.

Azar argued that accountability and good governance should not mean endless trials. “Good governance does not mean pushing for prosecutions to continue indefinitely. It means ensuring that justice is pursued fairly, efficiently, and on solid legal grounds,” he said.

In challenging those who argue the trials should have continued, Azar posed a crucial question: “Are you suggesting that defendants whose cases were dismissed should still face prosecution? Should these trials continue into a ninth or tenth year without a clear path to conviction? Justice cannot be served by perpetuating legal uncertainty.”

For Azar, the focus should be on learning from these cases and strengthening Ghana’s legal and prosecutorial framework. “Rather than framing this as a political issue, we should ask: How can we ensure that politically sensitive prosecutions are based on strong legal foundations, not just convenient narratives?” he suggested.

He proposed reforms that prioritize prosecutorial integrity, effective case management, and a legal system capable of delivering justice swiftly.

“The true strength of a legal system lies not in the length of prosecutions but in its ability to provide fair, timely, and legally sound outcomes,” Azar concluded.

While firmly advocating for efficient prosecutions, Azar reaffirmed his commitment to fighting corruption. “We stand for holding individuals accountable for corruption, regardless of their political affiliation, but we do so neutrally and with principles, avoiding the politicization of the fight against corruption,” he said.

In conclusion, he reiterated that prolonged prosecutions of weak cases do not contribute to justice. “Justice is not served by leaving individuals in legal limbo for years when cases lack the strength to secure convictions. The rule of law demands accountability, efficiency, and fairness in legal proceedings,” he asserted.