Ghana’s plea bargaining law is under renewed scrutiny after it emerged that Bernard Antwi-Boasiako, through his lawyers, is seeking a plea bargain arrangement subject to court approval.
The development has reignited debate over whether the current framework should allow custodial sentences for high-profile political figures.
Antwi-Boasiako, known for his frequent on-air criticisms and insults directed at opposition members during live TV discussions, is pursuing a plea bargain under the existing legal provisions.
Plea bargains in Ghana require court approval, meaning the judge retains final discretion over whether to accept the terms and determine the sentence.
“Legal gap” argument:
Some lawyers argue the law creates a “black spot” because, even with court oversight, the current framework limits options to non-custodial outcomes in many cases.
They contend Parliament must amend the law to empower courts to impose custodial sentences in high-profile cases involving notorious politicians, especially where conduct like repeated public insults attracts wide attention.
“The fact that plea bargaining is subject to court approval is important, but the sentencing options themselves need expansion,” one lawyer said.
“For public figures whose actions shape national discourse, deterrence matters.”
Court discretion and safeguards:
Other legal experts stress that plea bargaining is already court-supervised. Under Ghanaian law, no plea bargain takes effect until a judge reviews the facts, voluntariness, and public interest.
Courts can reject agreements deemed inappropriate.
Proponents of the current system say adding mandatory custodial options for specific categories of accused persons could politicize sentencing.
They argue judicial discretion, guided by facts and sentencing guidelines, remains the best safeguard.
Political dimension:
Antwi-Boasiako’s profile as a vocal political commentator has intensified the debate. Reform advocates say non-custodial dispositions for prominent figures may weaken public confidence.
Critics warn that amending laws to target “notorious politicians” risks selective justice.
Since any plea bargain Antwi-Boasiako seeks must be approved by the court, the case is now expected to test how judges interpret public interest, deterrence, and proportionality within the existing law.
Parliament has not tabled amendments yet. Legal analysts say the discussion will likely focus on expanding sentencing ranges while protecting judicial independence.
By Edzorna Francis Mensah
