Legal practitioner and journalist Samson Lardy Anyenini has condemned any move to prosecute individuals in absentia, calling it a fundamental betrayal of justice.
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Speaking in response to the Office of the Special Prosecutor’s (OSP) recent declaration of a former finance minister as wanted, placing him on INTERPOL’s red list, Anyenini rejected suggestions that legal proceedings could continue without the accused present.
“No one, regardless of their status, is above the law,” he stated. “Arrest, detention, and restriction are globally recognized tools for upholding law and order. If you breach public law, the Republic must act.”
Anyenini drew a sharp line between criminal justice and private legal matters. “This isn’t a contractual dispute between two parties,” he emphasized. “There is an established process for handling criminal offences, and that process requires the accused to face the Republic in court.”
He explained that even in basic traffic infractions or minor offences, the law demands accountability and due process. “If I hit and kill someone while driving, the Republic prosecutes me, not my neighbour. If I’m lucky and no one is harmed, the State may still restrict my driving, all to protect the public.”
On more serious issues like assault, illegal mining, or corruption, Anyenini argued that the State has a duty to act decisively. “Public safety is paramount. The law cannot permit accused persons to remain at large while trials begin in their absence.”
He firmly dismissed trial in absentia as unlawful in Ghana’s criminal justice system. Trials do not begin without the accused. Attendance is not optional, and the law does not permit shortcuts,” he said. “Justice isn’t served through social media or press releases, but in court, where charges are formally answered.”
While acknowledging that in minor cases courts may allow written pleas through legal counsel, he stressed this exception applies only when the maximum sentence is three months.
Anyenini further explained that mechanisms such as arrest warrants, summonses, and bail exist to ensure the accused appear in court. “These procedures uphold justice, not undermine it.”
He warned against emotional or mob-driven justice. “Your neighbour shouldn’t attack you for a crime. It’s the court that must decide guilt or innocence.”
Anyenini concluded by reminding Ghanaians that due process is a cornerstone of democracy. “If we try people on paper while they remain fugitives in reality, we risk breaking the entire justice system,” he said. “We must never forget, no one is above the Republic.”
