A robust panel discussion on Joy News’ NewsFile has reignited debate over accountability, due process and the legal obligations of public officials facing investigations, with former Sekondi MP Andrew Kofi Egyapa Mercer strongly questioning public expectations surrounding former Finance Minister Ken Ofori-Atta.
Speaking during the programme, Mercer argued that public commentary and what he termed “public prosecution” may be influencing Mr Ofori-Atta’s decision to remain outside Ghana’s jurisdiction. While acknowledging the principle of accountability, Mercer stressed that there is no law compelling an accused person to cooperate with investigators or even remain in the country prior to prosecution.
“What law requires him to even be present?” Mercer asked, insisting that the burden rests squarely on the Attorney General or the special Prosecutor to prosecute and prove a case beyond reasonable doubt. He maintained that an accused person has the right to remain silent and to choose whether or not to participate in investigations until the matter reaches court.
Mercer, himself a lawyer and former public office-holder, drew on personal experience, recounting how allegations had once been made against him simply because his name appeared in the public space. He argued that accusations alone do not amount to guilt and cautioned against equating public service with an automatic obligation to “account” in the absence of formal charges.
Host Samson Lardy Anyenini challenged Mercer’s position, noting that cooperation with investigators can sometimes resolve matters without prosecution and pointing out that, in this case, investigations had reportedly been concluded and charges preferred, including by authorities outside Ghana.
Pressed on whether it would be ideal for Mr Ofori-Atta to appear voluntarily, Mercer conceded it might be preferable, but insisted it was not a legal requirement. He said if the state believes it has sufficient evidence, it should proceed to court and establish a prima facie case.
“If he is minded to defend himself, he will come. If not, the law allows the case to proceed,” Mercer said, adding that choosing not to cooperate does not, in itself, constitute a breach of the law.
The exchange highlighted ongoing tensions in Ghana’s public discourse between demands for political accountability and strict adherence to legal safeguards, underscoring the fine line between public scrutiny and due process.