Plea bargaining, a legal mechanism enshrined in the Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079) of Ghana, has become a subject of intense debate, particularly regarding its impact on the nation’s fight against corruption. This mechanism allows individuals accused of crimes to negotiate with prosecutors, admitting guilt to lesser charges or providing information in exchange for reduced sentences or the withdrawal of some charges. While proponents argue for its efficiency in securing convictions and recovering stolen assets, critics contend that it undermines the pursuit of justice and weakens the deterrent effect against corruption. Mussa Dankwah, a prominent pollster and Executive Director of Global InfoAnalytics, stands firmly among the critics, asserting that plea bargaining compromises the integrity of anti-corruption efforts and should be abolished.
Dankwah’s concerns stem from the perception that plea bargaining allows corrupt officials to escape the full consequences of their actions. He argues that the primary objective should be to hold perpetrators accountable and send a clear message that corruption will not be tolerated. While recovering stolen funds is important, he believes that prioritizing this aspect through plea deals diminishes the severity of the crime and creates a sense of impunity. He contends that the public expects to see corrupt officials punished, and plea bargaining allows them to circumvent the full force of the law, thereby eroding public trust in the government’s commitment to tackling corruption.
The debate surrounding plea bargaining is further fueled by allegations of behind-the-scenes deals that potentially obstruct the government’s “Operation Recover All Loots” initiative. These allegations, raised by Fifi Fiavi Kwetey, General Secretary of the National Democratic Congress (NDC), suggest that some party members are engaging in plea bargains to frustrate the government’s efforts to recover stolen assets. Such allegations, whether substantiated or not, contribute to the public perception that plea bargaining is being used to shield corrupt individuals from proper prosecution and accountability.
Dankwah emphasizes that the perception of leniency created by plea bargains can significantly damage the government’s credibility in the eyes of the public. If citizens believe that corrupt officials are able to negotiate their way out of serious consequences, it can lead to disillusionment and cynicism about the government’s commitment to fighting corruption. He argues that this perception can be particularly damaging in the long run, as it erodes public trust and weakens the overall effectiveness of anti-corruption initiatives. He further suggests that the current generation of voters, often referred to as Gen Z, is particularly sensitive to issues of justice and accountability, and plea bargaining may alienate this increasingly influential demographic.
Instead of relying on plea bargains, Dankwah advocates for pursuing other legal avenues to recover stolen assets and ensure that offenders face appropriate penalties. He believes that the focus should be on strengthening investigative and prosecutorial capabilities to build strong cases against corrupt individuals and secure convictions through due process. While acknowledging the potential benefits of recovering stolen funds, he insists that this should not come at the expense of justice and accountability. He argues that the long-term benefits of upholding the rule of law and deterring future corruption outweigh the short-term gains of recovering assets through compromised plea deals.
In essence, Dankwah’s argument against plea bargaining rests on the principle that combating corruption requires a firm and unwavering commitment to justice. He believes that allowing offenders to escape the full consequences of their actions through negotiated deals sends the wrong message and undermines the integrity of the legal system. He calls for a more robust approach to fighting corruption, one that prioritizes accountability and sends a clear message that such behavior will not be tolerated, regardless of the potential for recovering stolen assets. He believes that this approach is crucial for maintaining public trust and ensuring the long-term effectiveness of anti-corruption efforts in Ghana.
