Samson Lardy Ayenini: Ghana's Criminal Justice System Shows Inconsistency

• Samson Lardy Ayenini highlighted significant inconsistencies within Ghana's criminal justice system, noting disparate treatment for the powerful versus the poor.
• He cited the Obuasi school scandal, where police response to sexual abuse allegations appeared restrained, contrasting with swift action against misdemeanor speech offenses.
• The Northern Development Authority corruption case saw convicted executives receive fines of GH¢4,000, while indigent individuals are often imprisoned for minor offenses due to inability to pay fines.
• Ayenini advocates for consistent, fair, and equal justice, asserting that judicial mercy should not be influenced by wealth, status, or power.
• While acknowledging the importance of the Attorney General's proposal for legal representation at police stations, he stressed that it alone cannot resolve systemic enforcement inconsistencies.

When justice appears unduly harsh towards the vulnerable but accommodating towards the powerful, public confidence in the rule of law inevitably suffers.

Prominent legal commentator Samson Lardy Ayenini has voiced significant concerns regarding the perceived inconsistencies within Ghana's criminal justice system, suggesting a troubling disparity in how suspects and offenders are treated. His recent opinion piece, published on October 24, 2026, highlights what he describes as an uneven application of the law, where mercy often appears extended to the influential while harshness is reserved for the less privileged. This observation forms the core of his critique, pointing to a system that, in his view, lacks uniform standards.

Ayenini further notes a particular swiftness in the system's response to individuals accused of offensive speech, especially in recent times. This rapid and forceful approach, he argues, stands in stark contrast to the handling of other serious allegations. The perceived bias and varying speeds of justice raise fundamental questions about the principle of equal application of law in Ghana, prompting a call for a more consistent and equitable framework for all citizens, regardless of their social standing or alleged offense.

To illustrate these systemic issues, Ayenini presented two distinct cases. The first involves the Obuasi school scandal, where at least 19 vulnerable girls reportedly alleged sexual abuse against their headmaster. While acknowledging the headmaster's denial and presumption of innocence, Ayenini questioned the seemingly restrained police response to these grave accusations. He contrasted this with the immediate and often prolonged detention, sometimes for weeks, of individuals merely suspected of misdemeanor speech offenses, who are locked up upon arrest. This disparity in police response to the Obuasi school scandal raises concerns about the vigor with which credible allegations of sexual abuse are investigated, particularly when formal reports from frightened victims might be delayed.

The second example cited is the Northern Development Authority (NDA) corruption case, where three former executives and a businessman were convicted of corruption-related offenses. Despite their convictions, these individuals received fines of GH¢4,000 each, rather than imprisonment. The court's decision, which considered mitigating circumstances such as the prevention of financial loss, is legally permissible. However, Ayenini drew a sharp comparison between this outcome and the plight of impoverished offenders who are often incarcerated for stealing food, frequently because they cannot afford fines or access adequate legal representation. This contrast underscores a perceived selective application of judicial mercy in Ghana, where financial status appears to influence sentencing outcomes.

Ayenini's critique is not a demand for harsher penalties in specific cases, such as imprisonment for the NDA convicts, nor for unlawful detention of the Obuasi suspects. Instead, his central plea is for consistency, fairness, and equal justice across the board. He asserts that the law must unequivocally protect the rights of every suspect, while simultaneously ensuring that all serious allegations receive thorough and serious attention. A critical point of his argument is that judicial mercy must never be perceived as dependent on an individual's wealth, social status, or influence, as such perceptions erode public trust.

In this context, Attorney General Dominic Ayini's proposal to deploy lawyers to police stations is recognized as an important step towards improving access to justice. However, Ayenini cautions that while crucial, legal representation alone cannot fully remedy the deep-seated inconsistencies in enforcement. He warns that the public is observing these disparities, and when justice appears unduly harsh towards the vulnerable but accommodating towards the powerful, public confidence in the rule of law inevitably suffers. Ultimately, Ayenini advocates for a justice system that is fair without being cruel, merciful without being selective, and equal for all, embodying the principle of "one country, one constitution, one standard of justice."

Lawyers and compliance officers in Ghana should be acutely aware of the perceived inconsistencies and potential biases within the criminal justice system, particularly concerning enforcement against high-profile individuals versus the indigent, and the varying speed of police response to different offenses. This insight is critical for advising clients on risk exposure, managing expectations regarding legal outcomes, and strategizing defense, especially in light of ongoing discussions about legal representation at police stations.

Source: Original commentary by Samson Lardy Ayenini