Something is troubling about how our criminal justice system treats suspects and offenders. The law sometimes appears merciful to the powerful, merciless to the poor, and remarkably swift against those accused of offensive speech, especially in recent times. Consider the Obuasi school scandal.
At least 19 girls, helpless girls, have reportedly alleged sexual abuse involving their headmaster. He denies wrongdoing and enjoys the presumption of innocence. I’m a lawyer, I should say that. But why has the police response appeared so restrained compared with the speed and force sometimes deployed against suspects accused of misdemeanor speech offences? Yes, just upon the suspicion and arrest, they get locked up. They spend weeks in custody. Must frightened schoolgirls formally report before the police vigorously investigate credible allegations of sexual abuse?
Then consider the Northern Development Authority case. Three former executives and a businessman were convicted of corruption-related offences yesterday, but they received fines rather than imprisonment. Fines, GH¢4,000.
The court considered mitigating circumstances, including the prevention of financial loss; that is legally permissible. But compare their treatment with that of poor offenders in prison for stealing food, sometimes because they cannot afford fines or legal representation. If it’s messy being administered equally in this country, I’m not demanding imprisonment for the NDA convicts or unlawful detention of the Obuasi suspects.
I’m demanding consistency, fairness, and equal justice. The law must protect every suspect’s rights while ensuring that serious allegations receive serious attention. And judicial mercy must never appear to depend on wealth, status, or influence.
Attorney General Dominic Ayini’s proposal to deploy lawyers to police stations is therefore important. But legal representation alone cannot cure inconsistent enforcement. People are watching.
Dear police, people are watching. Dear executives, the wielders of power, people are watching. The schoolgirls are watching.
The poor are watching. And when justice appears harsh against the weak, but accommodating towards the powerful, confidence in the law suffers. Justice must be fair without being cruel, merciful without being selective, and equal without regard to status.
One country, one constitution, one standard of justice. That’s the title of my take. And that is my take.