The Rule of Law Cannot Be Held Hostage to Partisan Logic

“The thief caught with the stolen goat cannot demand freedom because another alleged thief is still at large. Criminal liability is personal. The law punishes proven wrongdoing irrespective of whether others have also been apprehended.”

The NPP Minority's latest statement presents an astonishing proposition. One that appears to suggest that because some individuals have not yet been prosecuted, Chairman Wontumi ought not to have been convicted or sentenced. If that is indeed the argument, then it deserves not legal applause but constitutional comic relief.

By that logic, every criminal court in Ghana should suspend proceedings until all suspected offenders are simultaneously arrested, charged, tried and sentenced. One can only imagine the administration of justice grinding to a halt while judges wait for investigators to complete every outstanding file in the Republic. Thankfully, that is not how criminal law operates.

The law has never recognised selective prosecution as a defence to a criminal charge. If A is convicted today and B has not yet been prosecuted, A's conviction does not thereby become unconstitutional. Criminal liability is personal. Courts determine the guilt or innocence of the accused before them, based on the evidence presented and not on the status of investigations involving others.

Even more curious is the omission of one undeniable fact that investigations into Chairman Wontumi commenced long before many of the matters the Minority now seeks to compare with his case. If his investigations matured earlier, resulting in charges, trial and conviction, that is a consequence of the progress of that particular case, not proof of political persecution.

If the Minority genuinely believes Joseph Yamin, Yakubu Abanga or any other individual has committed offences under the Minerals and Mining Act, the lawful remedy is straightforward. Just demand their prosecution. The Constitution guarantees equality before the law, not equality in escaping it.

The issues concerning the alleged denial of counsel of choice or the refusal to refer constitutional questions to the Supreme Court may be appellate grounds. Those matters will be determined by the appellate courts on their merits. However, attempting to reinforce those arguments by saying, in effect, "others have not been prosecuted, therefore our man should not be in prison," weakens rather than strengthens their constitutional case.

One cannot invoke the rule of law while simultaneously advancing a theory that justice should wait for political convenience. The scales of justice do not operate on the principle of "all or none." They operate on evidence, due process and the law applicable to each individual case.

The Minority should resist the temptation to convert a legal contest into a political spectacle. The courtroom is not a queue where justice is served only when everyone arrives at the same time. If others have violated the law, prosecute them. But to imply that Wontumi's conviction is illegitimate merely because other investigations remain pending is to confuse constitutional principle with partisan propaganda. The law is the law.