Mark Yaw Addo

𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐟𝐨𝐫 𝐒𝐚𝐥𝐞: 𝐖𝐡𝐞𝐧 𝐭𝐡𝐞 𝐑𝐢𝐜𝐡 𝐍𝐞𝐠𝐨𝐭𝐢𝐚𝐭𝐞 𝐅𝐫𝐞𝐞𝐝𝐨𝐦 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐏𝐨𝐨𝐫 𝐅𝐚𝐜𝐞 𝐏𝐫𝐢𝐬𝐨𝐧



A person is apprehended for stealing from a small business 10,000 GH₵. He’s arrested, charged, and arraigned. Along the way, he manages to refund GH₵6,000. The police then drop the case and tell the public: “He’s returned more than half, so there’s no need to continue.”

Would you feel justice was served?

This is what came to mind when I read the Attorney-General’s decision to file a nolle prosequi in 𝘛𝘩𝘦 𝘙𝘦𝘱𝘶𝘣𝘭𝘪𝘤 𝘷. 𝘒𝘸𝘢𝘣𝘦𝘯𝘢 𝘋𝘶𝘧𝘧𝘶𝘰𝘳 & 7 𝘖𝘵𝘩𝘦𝘳𝘴. The reason? The accused had already paid back about 60% of the value of the loss, the State decided there was no longer a public interest involved in continuing the case.
Respectfully, I believe this sets a deeply unsettling precedent.

As a final-year law student who believes in both the letter and spirit of the law, I find it hard to reconcile this decision with the fundamental objectives of criminal justice; deterrence, accountability, and the affirmation of societal values. Criminal law is not a debt collection tool. It exists to punish wrongdoing, deter future offences, and reaffirm the rule of law.
Yes, prosecutorial discretion is lawful and often necessary. And yes, recovery of stolen funds is commendable. But a partial refund should not be the ticket to freedom in a criminal matter, especially when ordinary citizens are not afforded the same grace.

This decision, in effect, risks sending the message that if you are powerful enough, if you negotiate well enough, and if you refund just enough, you can walk away. That cannot be the Ghana we are building !

The fight against corruption must not only be technocratic; it must be principled.

If the State begins to weigh crime on a scale of cost recovery, rather than moral and legal accountability, then we turn justice into a commodity. And when justice becomes negotiable, the law loses its teeth.
Ghana deserves a justice system that inspires confidence, not cynicism. And that requires bold, consistent, and principled prosecutions, even when it’s inconvenient. Especially when it’s inconvenient.

Ends.