Stop Turning Presidential Pardons into Political Favours

The presidential pardon, enshrined in Article 72 of the 1992 Constitution, remains one of the most powerful constitutional instruments available to the President of Ghana. Like any tool of governance, it carries both merits and demerits, and how it is exercised often sparks public debate. At its best, the pardon is a demonstration of humanity, justice, and compassion. It allows the President to release prisoners who are aged, terminally ill, or in circumstances where continued imprisonment would amount to cruelty. It also provides a final safety net for correcting miscarriages of justice, ensuring that individuals wrongly convicted due to weak evidence, poor defence, or judicial error are not left to languish behind bars. Beyond this, the pardon serves as a mechanism to encourage rehabilitation and reintegration, offering genuinely reformed prisoners a second chance to contribute to society. It equally plays a practical role in decongesting Ghana’s overcrowded prisons, particularly when applied to petty offenders, thereby reducing the burden on the state. In some contexts, it is also granted in the spirit of peace and reconciliation, helping to heal wounds after national crises and fostering unity among citizens.

On the other hand, the exercise of this power comes with serious drawbacks when not applied judiciously. Critics argue that it can easily be abused, with some presidents accused of using it selectively to protect political allies or influential individuals. Such practices undermine fairness and equality before the law, and risk eroding confidence in Ghana’s judicial system. Frequent or questionable pardons can weaken the authority of the courts, giving the impression that rulings are easily overturned by political authority. There is also the risk of jeopardising public safety if serious offenders are released prematurely and end up reoffending. In addition, the deterrent effect of punishment is weakened if criminals begin to believe that they may eventually be pardoned. These concerns, coupled with the public outrage that often follows controversial pardons, show how delicate and controversial the application of this constitutional power can be.

While the presidential pardon may rightly be granted to deserving prisoners, extending it to politicians who deliberately engage in corruption must be avoided at all costs if the fight against corruption is to mean anything in this country. Since 1992, not a single politician convicted of corruption has fully served their jail term, making the fight against corruption look more like empty political rhetoric used to win power rather than a genuine commitment to accountability.

That said, I want to believe this important process is not undermined by selectively granting pardons to political affiliates or those with influence. Ghanaians must see the positive side of this act and not always read politics into it. Sadly, everything in our country is gradually being interpreted through a political lens, even when humanitarian considerations are at stake. The presidential pardon should be respected as a constitutional mechanism designed to balance justice with mercy, not as a political tool for rewarding loyalty. Used wisely, it can remain a vital safeguard of justice and a symbol of compassion; used carelessly, it risks weakening our institutions and further polarising our society.

For this reason, every government needs to exercise transparency in the pardon process by clearly stating the grounds on which clemency is granted. This will not only prevent suspicion of political favouritism but will also reassure Ghanaians that the exercise of mercy is guided by fairness, humanity, and justice. If we treat the presidential pardon with the seriousness it deserves, it can strengthen our democracy rather than weaken it.

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