The Dean of the Faculty of Law at the University of Professional Studies, Accra (UPSA), Professor Ernest Kofi Abotsi, has raised concerns about the presidential pardon process, describing it as controversial and outdated.
According to him, presidents should not have the power to overturn judicial decisions by pardoning convicted individuals, as it undermines the integrity of the judicial system.
Speaking on JoyNews on Saturday, January 11, Prof. Abotsi argued that the origins of the pardon process are rooted in monarchies, where kings and queens held ultimate judicial authority.
He contended that Ghana’s adoption of this practice under the current constitutional framework lacks historical justification.
“The issue of presidential pardons is one that I find, you know, controversial. I have never really accepted that aspect of our Constitution. I think that presidents should have no business pardoning people. When people are jailed or convicted in accordance with the judicial process, that should terminate it. And I do not think that presidents sitting in a political position should narrowly be given that power,” he said.
His comments follow former President Nana Akufo-Addo granting a presidential pardon to William Ato Essien and 10 other convicted individuals.
Prof. Abotsi acknowledged the difficulty of addressing certain cases, such as the pardon of William Ato Essien, the convicted banker linked to the financial sector crisis. He noted that the ongoing banking crisis makes such decisions hard for the public to accept.
“While humanitarian considerations, such as medical conditions, can justify pardons, it’s crucial to balance these factors with public sentiment and the broader implications for justice,” he said.
“Presidential pardons make no sense in a modern judicial system. They undermine the judiciary and should be reconsidered,” he added.
Prof. Abotsi also criticized the politicized nature of the process, noting that many decisions are influenced by political connections and considerations rather than objective or humanitarian factors.
“We’ve seen presidents pardon individuals who ought not to be pardoned, leading to controversies and criticisms. This stems from inadequate consultation and support during the decision-making process,” he added.
Prof. Abotsi further highlighted systemic issues within Ghana’s prison system, which he believes require more urgent attention than the politically motivated pardoning of a few individuals.
He cited examples of prisoners on remand for over five years, some of whom have spent more time in prison than the maximum penalty for their alleged crimes.
“There are individuals in prison who were convicted improperly, with subsequent evidence proving their innocence. There are also prisoners suffering from debilitating health conditions who deserve humanitarian consideration. These cases often go unnoticed while politically connected individuals benefit from pardons,” he lamented.
Prof. Abotsi called for a broader, more transparent, and research-driven approach to the pardon process. He argued that the process must be depoliticized and grounded in empirical evidence to ensure fairness and accountability.