By Prof. Enoch Opoku Antwi
That was the question a law student posed to me on the detained former Ghana’s Finance Minister (2017 – 2024) by the U.S. Immigration and Customs Enforcement (ICE) at Caroline facility in Virginia.
Meanwhile, back home in Ghana, he is facing official extradition and 78 counts of corruption. The man who never took a salary or per diem for seven years in public office is on a legal war-path of 78 counts of corruption charges.
Meanwhile , in America, ICE describes him as “illegal alien,” who has overstayed his permitted admission. So, can Ghana get him on extradition now?
Well, not too fast. He can be released on bond, if eligible; parole for humanitarian reasons, alternatives to detention programs, or successfully challenging the legality of his detention in a federal court. He has been in ICE detention for over a week now…and counting. Some have asked, why can’t he return home and avoid deportation and the plausible embarrassment?
The answer is in the law. In law, the “how” of arriving at justice matters as much as justice itself. The lawyers must do their job. The constitution (that of U.S. and Ghana) insist on it. Lawyers defend the process, and the process (questioning, statements, and evidence) is what protects individuals and society from abuse.
Guilt is not decided on social media, streets, emails, witnesses, or even with pictures and videos alone. It is decided in court, and until the law says otherwise, every person is “presumed” innocent until proven guilty. You may like or hate the person. That doesn’t matter. He is still “presumed” innocent until proven guilty.
Why is presumption a key word? Because the law wants the innocence or guilt to be proven properly. That is why lawyers exist to ensure lawful arrest, investigations, and making sure due process is followed. Remember confessions can be forced, evidence can be obtained illegally, and charges may not fit the offense. Besides , in torture, confessions may be rejected; unlawfully obtained evidence may be thrown out, and violated procedures can collapse a case. That is why the law must be obeyed .
Do you know that an illegal process can free a guilty person? That is Constitutional Law 101, not sympathy. Constitutions are like National Flags or National Anthem. They are sacrosant rituals in nature, and strict for a purpose. It doesn’t allow for shortcuts for people you like or hate. Once it allows shortcuts for people you like or hate, the same shortcuts will be used to flip the innocent or guilty coin tomorrow.
Thus, the presumption of innocence protect everyone, including presumed criminals or alleged corrupt public officials.
If I were Ken Ofori-Atta, I would go home to face the charges and prove my innocence or guilt. But, obviously, I am not him. Neither am I his lawyer nor advisor.
I wrote this for governance, accountability, and academic integrity purposes. For now, we can point to mistakes and errors of judgment and allow the legal process to deliver justice whilst posterity watches. Ambiguity and approximation are cornerstones for existence of such unique cases. In the end, truth pokes through the middle of the law.
By Prof. Enoch Opoku Antwi, Governance Expert & Leadership Consultant.
