The Dean of the Faculty of Law of the University of Professional Studies Accra, (UPSA) Professor Kofi Abotsi has stated that presidential pardons make no sense in a modern judicial system.

Speaking in a recent interview on JoyNews, he described presidential pardons as outdated and controversial.

Prof Kofi Abotsi argued that presidents should have no business in pardoning persons who have been convicted of criminal offences.

"The issue about presidential pardon generally is one that I find controversial. I have never really accepted that aspect of our constitution. I think that presidents should have no business pardoning people. When people are jailed or convicted in accordance with the judicial process, that should terminate it. And I do not think that presidents sitting in a political position should narrowly be given that power," he said.

The Dean of Faculty of Law at UPSA noted that while humanitarian considerations, such as medical conditions, can justify pardons, it is necessary to look at presidential pardons holistically

"These are humanitarian considerations, and they actually justify pardon. But the point I'm making is it's important to look at this broadly, holistically, more non-politically and out of the whole political environment and the pressure that attains to this because it undermines the effect of it. Even though I will go back to how I started, I am generally against pardons because they make no sense to the judicial process.

"If people are guilty, they serve the penalty. If they're not guilty and they're innocent. They shouldn't be there in the first place," he noted.

He explained that pardon processes are rooted in monarchies, where kings and queens held ultimate judicial authority.

According to him, Ghana’s adoption of this practice under the current constitutional framework lacks historical justification.

"Historically, the reason kings and queens of England pardon people was because the courts were the kings and queens' courts. And so, they have essentially delegated their judicial authority to the courts. And so, they could have the final say.

"And on ceremonial occasions, out of goodwill, pardon people. Our constitution has sort of adopted that, in my opinion, without much historical context. Unfortunately, we've been doing this over the years, and that's part of the problem we have", he added.

Prof. Abotsi pointed out the importance of ensuring fairness and objectivity in the selection of individuals eligible for pardon.

"We have people in prison who, as a result of ill health or other circumstances, as a result of other circumstances, as it were, they deserve. They deserve consideration for pardon, we have people in prison who by reason of a number of other extenuating factors deserve pardon, who ordinarily are not considered", he explained.

On January 6, 2025, The Office of the President dismissed media reports that the outgone president Nana Addo Dankwa Akufo-Addo has granted presidential pardons to certain individuals.

"We wish to categorically state that these assertions are inaccurate, and no pardon has been granted by President Akufo-Addo," the statement read.

JKB/EK

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