US-based Ghanaian legal scholar Prof. Stephen Kwaku Asare says the blame cannot be laid at the doorstep of the Office of the Special Prosecutor (OSP) in the case involving former Finance Minister Kenneth Nana Yaw Ofori-Atta, who has left the country amid ongoing investigations.
His comments come on the heels of investigative journalist Manasseh Azure Awuni – whose work with The Fourth Estate helped expose the controversial SML-GRA revenue assurance deal – is publicly challenging the OSP’s handling of the matter, particularly regarding Ofori-Atta’s departure from Ghana.
In a sharply worded Facebook post, Prof. Asare rejected attempts to blame the OSP for the former minister’s exit, insisting that no institution should be faulted for a suspect’s decision to abscond.
“The OSP cannot be blamed because someone packed his bags and bolted in anticipation of being held accountable. That blame-shifting gymnastics is tired. It is childish. And it is dangerous for a Republic that claims to take corruption seriously,” he wrote.
According to him, the central issue is not institutional failure but the conduct of the individual under investigation.
“When a suspect runs, the problem is not the prosecutor. The problem is the runner,” Prof. Asare argued, adding that the public must “keep the spotlight where it belongs: A man entrusted with the nation’s resources has fled the nation’s justice. That is the story. That is the scandal. That is the constitutional crime.”
Prof. Asare questioned what some critics appear to expect of the OSP, describing such expectations as unreasonable and impractical.
“Only here do we twist ourselves into knots asking: ‘Why didn’t the OSP prevent him from fleeing?’ Really? Should the OSP handcuff suspects at the airport? Should the OSP chase ministers through boarding gates? Let’s be serious,” he wrote.
He maintained that fleeing from justice reflects fear, not innocence.
“In every serious country, flight from justice is an admission of fear: fear of the evidence, fear of the questions, fear of the courtroom,” he added.
Prof. Asare also demanded firm action from the state pending any possible extradition, calling for the freezing of all assets belonging to the former minister.
“One thing is non-negotiable: freeze the assets. Every pesewa. Every property. Every account,” he stated.
He argued that such measures are essential to protect public funds.
“A man cannot flee the Republic and still enjoy the Republic’s spoils. That is not justice. That is sponsoring impunity. Freezing assets is not punishment; it is protection… and ensures that the Republic does not lose twice – first the money, then the suspect.”
The governance advocate insisted that the former minister’s return is the only viable path to clarity and fairness.
“The burden is on him to come back, face the charges, clear his name if he can, and let due process speak,” he wrote, stressing that “running is not a defense. Hiding is not exoneration. And silence in exile is not innocence.”
Prof. Asare warned that Ghana cannot continue to be a country where powerful individuals evade accountability without consequences.
“A Republic that allows powerful men to vanish whenever the law bites is not a Republic. it is a playground,” he declared.
