Renowned legal scholar and governance advocate, Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, has called on the government to provide clarity on the criteria used to select 819 first offenders who were granted outright release under President John Dramani Mahama’s latest presidential pardon.
In a Facebook post on Monday, October 5, 2026, Professor Azar acknowledged the President’s constitutional power to grant mercy but questioned the basis for selecting the beneficiaries, arguing that the description “first offender” alone provides insufficient information about how the 819 individuals were chosen.
Background: The 2026 Presidential Pardon
President Mahama granted presidential pardon to 863 convicted persons on Monday, October 5, 2026, as part of activities commemorating Ghana’s 70th Independence Anniversary. The decision was taken in accordance with Article 72(1) of the 1992 Constitution, following consultation with the Council of State.
The pardon covered multiple categories of beneficiaries. First offenders formed the largest group, with 819 of the 863 beneficiaries released outright. A further 13 inmates aged 70 and above and six who are seriously ill were also granted outright release, while two more were released on special recommendation. The pardon also commuted 11 death sentences to life imprisonment and reduced six life sentences to 20-year definite terms. Three beneficiaries were pardoned on petitions, and three fell under “others,” a category the government statement did not explain.
The announcement was made by the Spokesperson to the President and Minister for Government Communications, Felix Kwakye Ofosu, who stated that the pardon was intended to mark the anniversary “with an act of mercy and national reflection”.
Professor Azar’s Concerns
Professor Azar, a US-based Ghanaian academic and legal scholar, raised a series of pointed questions about the selection process. He noted that a “first offender” is simply a person convicted of an offence for the first time, describing it as “a remarkably broad category”.
“A first offender sentenced to one year for possessing weed may qualify. So too may a first offender sentenced to 20 years for a serious offence. So, ‘first offender’ alone tells us very little about how the 819 beneficiaries were selected,” he wrote.
The legal scholar posed several specific questions: What were the eligibility criteria? Were particular offences excluded? Were violent offences excluded? Did the length of the sentence matter? Was there a minimum proportion of the sentence that had to have been served? Who recommended the prisoners, and what screening process was followed? And importantly, who are the 819 beneficiaries?
Professor Azar emphasized that his questions were aimed at gathering information about the selection process rather than speculating on the motives behind it. He concluded his post with the phrase, “We Ask. We Do Not Guess”.
Legal Framework: Article 72 of the 1992 Constitution
The presidential pardon derives from Article 72(1) of Ghana’s 1992 Constitution, which empowers the President, acting in consultation with the Council of State, to grant to a person convicted of an offence a pardon either free or subject to lawful conditions, or to remit penalties imposed by courts.
The provision allows the President to exercise mercy in cases where justice may be served through clemency rather than continued imprisonment. The process typically involves recommendations from the Prisons Service Council, which reviews cases based on factors including the nature of offences, length of sentences served, health conditions, and age of inmates. The Council of State, which serves as an advisory body to the President, provides consultation on the recommendations before the final decision is made.
Previous Amnesty and Controversy
This latest pardon follows an earlier amnesty granted by President Mahama in August 2025, when 998 prisoners were released out of 1,014 recommended by the Prisons Service Council. That exercise included 787 first-time offenders, 87 death-row inmates whose sentences were commuted to life imprisonment, 51 life-sentence prisoners whose terms were reduced to 20 years, 33 seriously ill prisoners, 36 inmates over 70 years of age, two nursing mothers, and two petitioners.
The 2025 amnesty sparked controversy when high-profile prisoners, including Evangelist Patricia Asiedu Asiamah (Nana Agradaa) and former Capital Bank CEO William Ato Essien, were excluded. The Prisons Service explained that Nana Agradaa did not qualify because the list of recommended prisoners had already been compiled and submitted before her conviction. The decision also drew scrutiny over transparency and the inclusion of two nursing mothers among the beneficiaries.
Who is Professor Kwaku Azar?
Professor Stephen Kwaku Asare is a distinguished Ghanaian legal scholar, accounting professor, and governance advocate. He serves as a D&D Fellow in Public Law and Justice at the Ghana Center for Democratic Development (CDD-Ghana) and holds the position of KPMG Professor in Accounting at the Fisher School of Accounting.
He has been a prominent voice in Ghana’s constitutional and governance discourse, often weighing in on matters of constitutional interpretation, judicial accountability, and rule of law. In 2012, he unsuccessfully challenged a constitutional provision at the Supreme Court, arguing that it was discriminatory. He has also petitioned for the removal of Chief Justice Gertrude Torkornoo for alleged misbehaviour and incompetence.
Professor Azar has been a consistent advocate for transparency and accountability in the exercise of presidential powers, including the prerogative of mercy. His demand for clarity on the 2026 pardon aligns with his longstanding commitment to constitutional governance and public accountability.
The Broader Context
The presidential pardon power is one of the most significant discretionary powers vested in the President under Ghana’s Constitution. While it serves as an important mechanism for dispensing mercy and addressing humanitarian concerns, it also raises questions about transparency, consistency, and the potential for abuse.
The lack of publicly disclosed criteria for selecting beneficiaries has been a recurring concern in Ghana’s pardon exercises. In the 2025 amnesty, similar questions were raised about why certain categories of prisoners were included while others, such as Nana Agradaa and Ato Essien, were excluded.
The 2026 pardon, which forms part of Ghana’s 70th Independence Anniversary celebrations, has now prompted renewed calls for the government to establish and publicly articulate clear, consistent, and transparent criteria for future exercises of the prerogative of mercy. As Professor Azar’s questions suggest, the public has a legitimate interest in understanding how decisions affecting the liberty of hundreds of individuals are made.
Conclusion
As Ghana marks its 70th Independence Anniversary, the presidential pardon of 863 convicted persons represents a significant exercise of executive clemency. However, Professor Kwaku Azar’s demand for clarity on the selection criteria for the 819 first offenders highlights the ongoing tension between the President’s discretionary powers and the public’s right to transparency and accountability. The government has yet to respond to his questions, and it remains to be seen whether the Presidency will provide the details sought by the legal scholar and the broader Ghanaian public.
