Renowned private legal practitioner, Professor Stephen Kwaku Asare (Kwaku Azar), has said that for the government’s flagship anti-corruption initiative, Operation Recover All Loot (ORAL), to succeed, it must be anchored on accountability and justice.

While acknowledging the importance of recovering assets from individuals who have embezzled state funds, he cautioned that focusing solely on asset recovery — without accompanying prosecutions — could foster mistrust and erode public confidence, potentially causing the ORAL initiative to fail.

“For ORAL to succeed, the public must see not just asset recovery, but accountability and justice. How will the Attorney General’s office ensure that this decision does not erode public trust in anti-corruption efforts?” he quizzed.

Kwaku Azar, as he is popularly known, was reacting to the Attorney General’s entry of a nolle prosequi in the case involving Dr Kwabena Duffuor and seven others, raising several concerns related to asset recovery.

According to him, while partial recovery may be pragmatic, it does not equate to full accountability which, he emphasised, was the core basis and focus of the government’s ORAL initiative.

“The press release suggests that the decision to enter a nolle prosequi aligns with a broader national objective of recovering State resources. If this reflects or is meant to support Operation Recover All Loot (ORAL), the following issues arise: Partial Recovery ≠ Full Recovery,” he posted on Facebook on July 22, 2025.

He continued; “A 60% recovery may be pragmatic, but it falls short of the full accountability suggested by ORAL. Can the public be assured that the remaining 40% is unrecoverable, or will future efforts continue?”

Azar further argued that focusing solely on asset recovery without pursuing trials and convictions could embolden public officers by promoting the misconception that they can negotiate their way out of prosecution using their finances, without facing any legal consequences.

“Without conviction or trial, there is a risk of sending the wrong message—that public officers or financial elites can bargain their way out of legal consequences. How will the State mitigate the moral hazard this precedent could create?” he added.

In concluding, Kwaku Azar called on the Attorney General’s office to clarify whether more nolle prosequi decisions would be exercised in future asset recovery cases.

“Will similar arrangements be offered to others under investigation in the financial sector clean-up? Is there a transparent, published policy that governs when nolle prosequi will be exercised in asset recovery cases?” he asked.



MAG/AE

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