A former Director of the Ghana School of Law has accused the Office of the Special Prosecutor (OSP) of acting in a manner that amounts to terrorising former Finance Minister Ken Ofori-Atta.
Professor Kwaku Ansa-Asare believes the handling of the corruption probe by the OSP is excessive, unfair, and unconstitutional.
Speaking on Joy News’ PM Express on Tuesday, June 3, Prof Ansa-Asare questioned the basis for the OSP treating Mr Ofori-Atta as if he were a convicted criminal.
“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 stressed that the Constitution protects all citizens from being treated as guilty before trial.
“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 added.
Prof Ansa-Asare was especially alarmed by what he described as an aggressive approach by the Special Prosecutor.
“My take on this whole issue is, why declare him the most wanted fugitive running away from justice?” he asked.
“You are making Ken look like a murderous fugitive who has stolen all the assets.”
He emphasised that the issues raised by the OSP so far have not been proven offences.
“The Special Prosecutor has outlined five very serious issues. Not offences, issues. If they are not established offences, 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.
When asked if the OSP was being high-handed, Prof Ansa-Asare responded directly.
“I think the state hasn’t approached it in a way that connects with the fundamental human rights and freedoms enshrined in our Constitution,” he said.
“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 said the result of such actions is fear and humiliation. “When you terrorise 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,” he warned.
Asked again if he believed Ofori-Atta was being terrorised, Prof Ansa-Asare was unequivocal.
“I think so,” he replied. “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.”
