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.

Prof. Abotsi highlighted the potential transformative impact of Traoré’s presence at the event.

“I guarantee you, if Traoré decides that he’s going to go civilian, it’s perhaps because he stood on the platform that advocated one thing — that the virtue of governments is made in a democracy,” Prof. Abotsi said on JoyNews’ Newsfile on Saturday, January 11.

He stressed the importance of engaging leaders like Traoré on platforms that promote democratic values rather than isolating them.

“You don’t change people from the outside. You get them involved,” he noted, suggesting that inclusion could be a catalyst for positive change in leadership approaches.

Captain Traoré, who seized power in a military coup in Burkina Faso in 2022, has faced criticism for his administration’s departure from democratic norms. His attendance at the inauguration of President Mahama, known for his commitment to democracy, sparked mixed reactions across the region.

Some observers view Traoré’s presence as a signal of Ghana’s leadership in fostering dialogue and reform across West Africa. Others, however, argue that extending such invitations risks legitimizing undemocratic regimes.

He believes this inaction has led to repeated electoral challenges, including issues witnessed in the 2024 general elections.

Speaking on JoyNews’ Newsfile on Saturday, January 11, Prof. Abotsi highlighted the persistent nature of these problems, stemming from a lack of commitment to the Commission’s findings.

“The fact that a whole commission was set up, recommendations made, and yet two-thirds of those recommendations remain unimplemented is baffling,” he stated.

The AWW Commission, established to address electoral violence and other irregularities after the 2020 elections, proposed practical solutions to enhance election integrity and security.

However, according to Professor Abotsi, the government has largely ignored these recommendations, resulting in recurring problems in subsequent elections, including 2024.

“I have been particularly concerned, and in some cases, annoyed at the failure to implement the AWW Commission report. The consequences of the AWW incidents were repeated in the last election and keep getting repeated from one election to another.”

Professor Abotsi emphasized that many of the Commission’s recommendations are “low-hanging fruits” that could easily be implemented to address systemic issues.

He noted that the government’s inaction not only wastes the resources spent on setting up the Commission but also perpetuates avoidable challenges.

Professor Abotsi urged the government to revisit the AWW report and prioritize its implementation, stating that doing so would significantly improve electoral outcomes. “Substantially implementing the report will solve a lot of the problems we’ve been facing,” he said.

He also reflected on the broader state of Ghana’s democracy, noting that the 2024 election results, which saw a significant mandate for the new government, reflected the electorate’s desire for change.

“The President’s speech post-election recognized that Ghana is not in the best place, and this acknowledgment is crucial for driving reforms,” he added.

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