Nervous Law Prof. Outlines Foreseeable Challenges Ahead for NDC 2024 Victory

Renowned lawyer and US-based law professor Duke Amaniampong has expressed trepidation over the looming anxiety surrounding the prospect of the next NDC government embarking on the prosecution of officials from the Akufo-Addo-led NPP government on corruption and related matters come 2025.

Professor Amaniampong articulated ten compelling reasons supporting his apprehensions. In his thought-provoking analysis, Professor Amaniampong cited several factors that could potentially hinder any substantial accountability measures under a Mahama administration.

Notably, he emphasized the entwined interests of the political elite, pointing out how certain NDC figures may harbor ties with NPP affiliates, consequently leading to a reluctance in prosecuting them for corruption due to shared economic interests.

Moreover, Professor Amaniampong highlighted the absence of a well-coordinated plan for prosecutions, the lack of demonstrated commitment to combat corruption effectively, the myriad of scandals posing challenges in selecting whom to prosecute, and the potential spoilage of crucial evidence post-handover as profound obstacles in the path towards accountability.

The timeframe constraint of a limited four-year term for President Mahama, combined with historical delays in prosecuting corruption cases, institutional resistance from civil servants, judiciary bias, resource inadequacies, and the fear of retaliation within his own administration were among the critical factors outlined by Professor Amaniampong as impediments to robust anti-corruption measures.

As the political landscape in Ghana braces for a potentially transformative period post-election, Professor Amaniampong’s examination of the intricate web of challenges awaiting any attempts at prosecuting corruption stands as a stark reminder of the complexities inherent in achieving true accountability in governance.

Read below, the 10 reasons cited by Professor Amaniampong to justify his fears:

1.Entrenched Political Interests:

Professor Amaniampong highlights the interconnected nature of political elites in Ghana, pointing out how certain factions within the NDC may have ties to individuals in the NPP administration, leading to a reluctance to prosecute for fear of exposing intertwined interests and jeopardizing financial gains.

2. Lack of Coordinated Prosecution Plan:

With a surge in corruption cases, the absence of a strategic and comprehensive prosecution plan could hinder the effectiveness of accountability measures under a Mahama-led government, potentially resulting in fragmented efforts that fall short of addressing systemic corruption.

3. Questionable Commitment to Anti-Corruption:

Despite the necessity for unwavering dedication to combating corruption, doubts linger about the extent of Mahama’s commitment to holding corrupt officials accountable owing to economic pressures, political calculations, and external influences.

4. Challenges in Selecting Prosecution Targets:

The multitude of scandals within the Akufo-Addo government poses a dilemma for Mahama, with the prospect of trying to prosecute all implicated individuals risking resource depletion and diversion of focus from vital governance priorities.

5. Evidence Preservation Concerns:

The preservation of crucial documentary evidence needed for successful prosecutions post-transition raises skepticism, as the handover process may result in the loss or manipulation of critical documentation essential for legal actions.

6. Time Constraints:

With a limited four-year term if elected, Mahama faces a formidable challenge in prosecuting complex corruption cases within a timeframe that historically surpasses the duration of a presidential tenure, raising doubts about the feasibility of achieving substantial accountability outcomes.

7. Institutional Obstacles:

Anticipated resistance from entrenched civil servants and institutional biases within key government bodies, including the judiciary and law enforcement agencies, could impede the smooth progression of prosecution processes and deter efforts to address corruption effectively.

8. Judicial Partiality:

Prevailing mistrust in institutions such as the judiciary due to perceived biases threatens to hinder impartial adjudication of corruption cases, potentially prolonging legal proceedings and weakening the prospects of swift accountability measures.

9. Resource Limitations: In light of potential IMF oversight post-2025, resource constraints could hinder the financial capacity of the government to pursue multiple corruption prosecutions simultaneously, compounding the challenges in executing accountability initiatives effectively.
10. Concerns Over Retaliation:

Fear of retribution and the prospect of future administrations targeting outgoing officials underlines the delicate balancing act Mahama may need to navigate in prosecuting the Akufo-Addo government’s officials without risking potential repercussions within his own ranks.

Source: whatsupnewsghana.com