Attorney General and Minister of Justice, Dominic Akuritinga Ayine, has publicly defended his decision to discontinue prosecutions initiated by his predecessors, arguing that some of the cases were politically motivated, legally flawed, or lacked sufficient evidence.
Speaking at a press briefing at the Ministry of Information, the Attorney General emphasized that his prosecutorial discretion under Article 88 of the Constitution must align with constitutional principles, fairness, and professional ethics.
He acknowledged that his decisions were bound to attract scrutiny, given the government’s commitment to ensuring accountability.
“I am here today to account to my fellow citizens for the decisions I have taken so far. While the Constitution grants me discretionary prosecutorial authority, it also mandates that such power be exercised fairly and transparently,” he stated.
Ayine announced that charges against several former government officials from the National Democratic Congress (NDC) administration, which left office in January 2017, had been withdrawn.
He justified the move by highlighting three key factors: ethical and professional concerns, legal flaws in the charges, and lack of sufficient evidence to sustain convictions.
The Attorney General cited ethical considerations as a major reason for discontinuing some prosecutions, particularly cases he had been personally involved in as a lawyer before assuming office.
These include the trial of former Deputy Finance Minister Cassiel Ato Forson and the case against former Minister of Works and Housing, Collins Dauda.
“I was deeply involved as counsel in these cases and still maintain that the charges were politically motivated. No new evidence has come to light to change my professional position,” he asserted.
Ayine pointed out defects in the framing of charges, particularly in the case of Collins Dauda, who was accused of misapplying $200 million in public funds for housing projects.
He argued that the prosecution had failed to account for completed infrastructure as part of the expenditure, rendering the financial misapplication claim inaccurate.
“The charges were filed against the promptings of plain common sense. You cannot ignore the value of built infrastructure when determining the alleged financial loss to the state,” he noted.
Another key case affected by the Attorney General’s review is the ongoing prosecution of individuals involved in the collapse of banks, including former Deputy Governor of the Bank of Ghana, Dr. Johnson P. Asiama.
Ayine revealed that an internal memo from the prosecution division had previously advised that the charges against Asiama be dropped, but his predecessor ignored the recommendation.
“The prosecution’s own legal team had concluded that the charges were unsustainable. I see no reason to waste state resources on a case that is bound to fail in court,” he said.
In the cocoa sector, the trial of former Ghana Cocoa Board (COCOBOD) CEO, Stephen Opuni, was also discontinued after evidence emerged that the supposedly defective Lithovit fertilizer he procured had actually increased farm yields.
“Not a single farmer was called by the prosecution to testify that the fertilizer was ineffective. Instead, official reports confirmed that it was among the most effective fertilizers supplied,” Ayine stated.
The Attorney General also raised concerns about judicial impartiality, suggesting that certain judges had displayed hostility toward accused persons while being overly deferential to the prosecution.
He cited instances where critical evidence was expunged from records, and promotions were given to judges handling politically sensitive cases.
“The judiciary must maintain neutrality. The executive’s promotion of certain judges sitting on these cases raises concerns about the perception of inducement to convict accused persons,” he warned.
While some cases have been discontinued outright, Ayine noted that others, particularly those related to the banking crisis, are still under review pending discussions with receivers on the financial implications.
He stressed that the discontinuation of a case does not necessarily mean that fresh charges cannot be brought in the future if new evidence emerges.
In conclusion, the Attorney General maintained that his actions were driven by fairness, legal soundness, and ethical considerations, not political influence.
“I take full responsibility for my decisions. There was no external pressure from the President or anyone else. Those who are in a hurry to criticize should be patient and examine the facts,” he declared.
