Justice delayed is justice denied, and a legal system that cannot deliver timely resolutions risks losing its credibility and effectiveness, a United States-based Ghanaian Professor, Stephen Kwaku Asare, has said.
In the view of Prof Asare, there is no reason why trials should go beyond 3 months. To that end, he has called for reforms in the judiciary.
Prof Asare further indicated that the issue of legal cases remaining unresolved for over four years is a significant concern that demands urgent attention.
He explains that such prolonged litigation not only places an undue burden on the individuals involved but also undermines the fundamental principles of justice, including fairness, efficiency, and accessibility.
“The prolonged nature of these cases erodes public confidence in the legal system, leaving litigants in a state of uncertainty and often financial distress. A well-functioning judiciary should ensure that cases are adjudicated within a reasonable timeframe, balancing due process with efficiency.” he wrote on Facebook.
When cases drag on for years, Prof Asare explained, they not only clog the judicial system but also create opportunities for procedural abuses, undue influence, and unnecessary costs.
“This inefficiency disproportionately affects individuals with fewer resources, as they struggle to sustain legal battles that demand time, money, and emotional resilience. The State just taxes people so it can keep trying the case even for decades. That is not justice! It is injustice. We need systemic reforms, including stricter case management, the adoption of technology to streamline judicial processes, and accountability measures to ensure that delays are minimized.
“Ultimately, justice delayed is justice denied, and a legal system that cannot deliver timely resolutions risks losing its credibility and effectiveness. There is no reason why trials should go beyond 3 months!!!!
Put reformers on the rules of court committee!” he wrote under a post made by Mussa Dankwah Executive Director of Global InfoAnalytics.
Mussa Dankwa had stated that in order for the investigations and prosecutions to be depoliticised, the report of Operation Recover All loots (ORAL) should have rather been handed over to the Office of the Special Prosecutor (OSP), not the Attorney-General.
Mussa Dankwa explained that the ORAL cases will travel beyond the 4-year term of President John Dramani Mahama and since nobody can determine what will happen in the next election in 2028, there is a risk of nolle prosequi to be filed in 2029 if NDC does not win the elections.
“As a result, I think the Attorney General should resource and strengthen the OSP to take on several of these potential political ORAL cases so that we can be assured that those trials will continue beyond the government’s term,” he wrote on Facebook.
The ORAL Committee says it has identified $21.19 billion in potential recoveries from looted state assets and undervalued land sales.
During the presentation of the committee’s report to the President at the seat of Government in Accra on Monday, February 10, ORAL Chairman Samuel Okudzeto Ablakwa said that if the country is able to recover this amount, there will be no need to go to the International Moneyray Fund for support.
“If we are successful in recoveries, we can retrieve as much as 20.49 billion United States dollars,” he stated. These cases include major corruption scandals involving the National Cathedral project, Power Distribution Services (PDS), and the Saltpond decommissioning project, among others,” Mr Ablakwa said.
President John Mahama also indicated after receiving the report that ” Ghaa I no longer a safe haven for corruption.”
He accordingly forwarded the report to the Attorney-General for further actions.
But in his Facebook post, Mussa Dankwa said “I am not a lawyer but I understand enough to make suggestions on how to proceed with ORAL having witnessed the legal gymnastics in this country. We can’t assume that NDC will win the 2028 elections and we can’t wait for the Attorney General’s role to be split from that of state prosecution. These ORAL cases will travel beyond the 4 year term and therefore there is a risk of nolle prosequi to be filed in 2029 if NDC does not win the 2028 elections.
“As a result, I think the Attorney General should resource and strengthen the OSP to take on several of these potential political ORAL cases so that we can be assured that those trials will continue beyond the government’s term. While JDM, through his Attorney General has discontinued several court cases due to what is perceived to be witch hunting, we also saw few nolle prosiqui filings during Nana Addo’s terms but many of the cases did not even make their to charges being filed, therefore, both administration can be accused of acting as clearing agents with various levels of degrees.”
He added that “These challenges have arisen because successive governments have not prioritize the separation of Attorney-General’s role from state prosecution. So, for now, the surest bet to ensure continuation of prosecutions is to use the OSP.
“This will avoid accusation of political witch hunt since the OSP is a former government appointee and secondly, to ensure that prosecutions will continue even if there is change of government until we have an amended constitution.”
