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Ofori-Atta case: Suspicion is not a crime, proceed in absentia – Mike Oquaye Jnr to gov’t

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Lawyer and political commentator Mike Oquaye Jnr has stirred debate after making strong remarks on the legal proceedings involving former Finance Minister Ken Ofori-Atta, arguing that legal action should proceed even in his absence.

Speaking on TV3’s Key Points programme, Oquaye Jnr stated that “suspicion is not a crime,” insisting that investigations and prosecution processes should not be stalled simply because a suspect is not physically present in Ghana.

He argued that if authorities have exhausted due legal processes, the case could proceed “in absentia,” especially if the accused has cited medical reasons for being unable to return to Ghana.

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According to him, the legal system does not require an accused person to be physically present to establish guilt or innocence, stressing that “we don’t need him in Ghana to determine whether he has done something wrong or not.”

Oquaye Jnr maintained that the Attorney-General’s approach should be guided strictly by legal principles rather than public pressure or procedural debates over the accused’s presence in the country.

He referenced past legal proceedings involving former officials, arguing that courts have previously tried and convicted individuals in absentia, leading to extradition processes after conviction rather than before trial.

“If you have a case against him, prosecute it with the evidence you have,” he said, adding that justice systems should focus on facts rather than speculation or public sentiment.

The lawyer also cautioned against politicising the matter, noting that legal discussions should be separated from political narratives and public commentary.

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