Private legal practitioner Kwesi Botchway Jnr has criticised the government’s handling of the Operation Recover All Loot (ORAL) initiative, saying it has failed as a legal process and has instead become a political tool.
Speaking on JoyNews’ AM Show on Tuesday, December 30, Mr Botchway Jnr said ORAL is “clearly a matter of law” but accused the government of performing poorly in how it has been applied.
“This government has performed abysmally regarding ORAL. This government has successfully turned prosecutions into performances. This government has clearly turned justice into a tool for convenience.”
According to him, while in opposition, the current government made strong public claims that officials of the previous administration had stolen public funds. However, he said nearly a year after assuming office, there is little to show in terms of successful prosecutions.
“Fast forward, it’s almost a year now. The number of people lying in court, in my humble and respected opinion, lacks the weight of evidence to secure any conviction.”
Mr Botchway Jnr also criticised the government for what he described as trial by public opinion, even before matters reach the courts.
“Even before this government proceeded to court, they organised stage performances to pronounce these persons guilty.
“They decided to shape public perception, label these people as criminals, label them as thieves, and label them as enemies of the state.”
He further accused the Attorney General of withdrawing cases involving people affiliated with the governing party, despite earlier promises to recover large sums of money.
“After making the whole ORAL noise and planning to recover over $21 billion, immediately they assumed office, they decided to file nolle prosequi and withdraw pending prosecutions against their politically affiliated persons,” he said.
He cited several cases, including the Saglemi Housing matter involving $200 million, a criminal case involving the current Bank of Ghana Governor, and the prosecution of former COCOBOD Chief Executive Steven Opuni.
“In all these matters, they have withdrawn their charges from court. If you put all these matters together, it amounts to about $10 billion of taxpayers’ money.”
Mr Botchway Jnr questioned whether ORAL itself has become “a tool for political convenience” rather than a genuine anti-corruption effort.
“Are we trying to reset the law to suit the political architecture of a certain party?” he asked. “Why is the Attorney General only filing nolle prosequi in matters involving his political cronies? Clearly, it’s a matter of politics.”
While acknowledging that the Constitution grants the Attorney General discretion, he argued that such powers should not be used unfairly.
“The fact that the Constitution gives you a right doesn’t mean you use it arbitrarily and capriciously. You have to use it in a way that is fair to all manner of persons.”
Mr Botchway Jnr said that he supports the fight against corruption, but said it must follow due process and respect constitutional rights.
“Nobody is against accountability. But accountability should go through constitutionally laid down procedures that respect the rights of persons. The Constitution is clear that a person is presumed innocent until proven guilty.”
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