A growing sense of inequality before the law

Democracies often tout the rule of law as one of their major strengths.

The long-held cherished principle is that, in democracies, the law treats every citizen the same way.

Yet, a close examination of data from the Afrobarometer survey reveals a disturbing trend. In short, there is a growing sense among Ghanaians that, not all citizens are treated equally before the law.

Who is likely to face punishment for committing crimes?

In Round 4 (2008), Ghanaians were asked for the first time these two questions: a) In your opinion, how often in this country do officials who commit crimes go unpunished? and b) In your opinion, how often in this country do officials who commit crimes go unpunished?

In response, 21 per cent of Ghanaians held the view that ordinary people “often/always” go unpunished when they commit crimes compared to 28 per cent who expressed same about officials who commit crimes

 Reflecting on the difference, this represented a seven percentage point rule of law gap.

Over time, this perception worsened. By Round 9 (2022), while only 25 per cent of Ghanaians held the view that ordinary people “often/always” go unpunished when they commit crimes, 77 per cent felt officials who commit crimes “often/always” go unpunished.

Between Round 4 (2008) and Round 9 (2022), the rule of law gap increased from seven percentage points to 52 percentage points. How can this be healthy, not just for a democracy but also for instilling in citizens a belief that the justice system is fair? Does it come as a surprise that over the same period (2008 to 2022), Ghanaians who say they trust the courts “a lot” dropped from 30 per cent to ten per cent?

In the most recent survey (2024), compared to 2022, there was a slight drop (77 per cent to 72 per cent) in the percentage of Ghanaians who hold the view that officials who commit crimes “often/always” go unpunished.

However, the percentage remained unchanged (25 per cent to 26 per cent) for how Ghanaians feel ordinary people “often/always” go unpunished for committing crimes.

What Ghanaians are saying is simply this: ordinary people are more likely to face punishment for committing crimes than officials.

This is in a democracy where Ghanaians expect the law to treat everyone equally without regard to their standing in society.

Do we punish ordinary and powerful people the same way?

In Round 10 (2024), the survey asked, “In general, when ordinary people are convicted of crimes in this country, do you think that the punishments handed down to them, such as fines or jail or prison sentences are too harsh, too lenient, or generally about right, or haven’t you heard enough to say?”

In response, here is how Ghanaians answered – Too Lenient (7%); About Right (47 per cent); Too Harsh (42 per cent); and Don’t know (Three per cent). Almost five out of ten Ghanaians are of the view that punishments for ordinary people do fit the crimes they commit.

Now compare their responses to the same question when asked about punishments for powerful people – Too Lenient (68 per cent); About right (28 per cent); Too Harsh (Six per cent); and Don’t know (Four per cent). Ghanaians hold an opposite view given the fact that seven out of ten feel punishments for powerful people do not fit the crimes they commit. 

Reversing the trend

In the most recent survey (2024), here are additional views Ghanaians hold about the courts:  

a)    Only 14 per cent trust the courts of law “a lot”
b)    Forty-three per cent (43 per cent) say “most/all” of the judges and magistrates are involved in corruption.
c)    Sixty-one per cent (61 per cent) say “often/always” judges and magistrates decide cases based on the influence of political leaders, government officials, or other powerful people.
d)    Only 13 per cent say they are “very confident” that ordinary citizens who are wronged can obtain justice in the courts.

Also, keep in mind that these perceptions of the courts are not unique to what Ghanaians are expressing in the Afrobarometer survey.

In my op-ed piece dated November 13, 2024, I discussed the deteriorating perceptions of Ghana’s judiciary as captured by the Mo Ibrahim Foundation’s Ibrahim Index of Africa Governance.

These are worrying signals for the rule of law and the overall justice system in Ghana.

It does not reflect, in practice, this long-held principle about democracies.

In addition, a growing sense of an unfair justice system and the lack of the rule of law may have the unfortunate consequence of ordinary citizens using extrajudicial alternatives to resolve their grievances.

I argue once again that the burden of stopping the decline lies primarily with the custodians of the institution.

Therefore, the judiciary must bear the burden of reversing this trend.

This is where I would again draw attention to the LEADing Justice reform launched in April 2023 by the current Chief Justice.

It is time for the Chief Justice to draw public attention to and rally all stakeholders once again behind this reform effort.

The writer is the Project Director, Democracy Project