Kwaku Azar 'flags' repeated arrest cycle as abuse of criminal justice system

Legal scholar Professor Stephen Kwaku Asare, also known as Kwaku Azar, has raised concerns over what he describes as the growing practice of repeated arrests in criminal procedures in Ghana.

In a statement reacting to recent developments in criminal proceedings on Facebook on May 7, 2026, he said the repeated cycle of arrest, detention, prosecution, discharge, and rearrest is one of the most dangerous practices in justice systems.

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According to him, such a pattern turns the justice system into a tool for punishment rather than a process for determining guilt.

“The recurring cycle of arrest, detention, prosecution, discharge, rearrest, and renewed prosecution is one of the most corrosive abuses of criminal process in constitutional democracies,” he said.

He explained that when this happens, the process itself becomes the punishment even before a final court decision is made.

“It transforms the criminal justice system from an instrument for adjudicating guilt into a mechanism for perpetual punishment. The process itself becomes the penalty,” he stated.

Kwaku Azar referred to the recent rearrest of Hanan Abdul-Wahab and his wife shortly after a court discharged them, saying it has brought back debate on how prosecutorial powers are used.

“The recent rearrest of Hanan Abdul-Wahab and his wife, moments after a court discharged them, has revived an old and troubling debate about the weaponization of prosecutorial power,” he said.

He noted that although allegations of corruption must be investigated, due process must always be respected.

“The allegations may indeed be serious. Public officials accused of misappropriating public funds must be investigated thoroughly and prosecuted where evidence supports prosecution,” he explained.

He stressed that constitutional democracy requires fairness and restraint, not just strong enforcement.

“No serious anti-loot advocate disputes that. But constitutional democracy demands more than zeal. It demands fairness, restraint, and fidelity to due process,” he said.

He also expressed concern about what he described as the normalisation of repeated arrests after discharge by courts.

“What is disturbing is not merely the rearrest itself, but the normalization of the practice. Some speak as though this is an innovation of the current moment. They even openly promise to intensify the same methods should power change hands. That posture reveals either historical amnesia or selective outrage,” he noted.

Kwaku Azar added that such practices are not new and have appeared in previous political administrations and cases.

“We have seen this movie before. The cycle of prosecution, withdrawal, rearrest, and renewed prosecution has long existed within our legal history,” he said.

He cited past prolonged prosecutions, including the Afoko case, as examples of how legal processes can be stretched over long periods.

He further argued that constitutional protections must apply to everyone, even those previously seen as offenders or politically exposed persons.

“Abuse of due process remains abuse, even when those crying today once cheered yesterday’s violations,” he argued.

He explained that while the law allows some flexibility for investigators, especially in complex financial cases, such powers can be misused.

“Investigative agencies may also argue that new evidence, fresh charges, or distinct offences justify renewed arrests,” he noted.

However, he warned that without safeguards, the system could be used to harass and pressure accused persons.

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“Without meaningful safeguards, rearrest powers create opportunities for harassment, intimidation, and punishment by process,” he said.

Kwaku Azar concluded stating that courts must play a stronger role in protecting liberty and ensuring that justice is not reduced to repeated cycles of arrest and release.

Read his post below:



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