Martin Kpebu, a private legal practitioner, has said he fully embraces the Attorney-General’s decision to enter a nolle prosequi in the Kwabena Duffuor and seven others UniBank collapse case.
The Attorney-General’s Office formally dropped prosecution of Dr Kwabena Duffour and seven others.
Dr Kwabena Duffour and seven others were standing trial in connection with alleged financial improprieties during Ghana’s financial sector clean-up.
On Tuesday, July 22, Deputy Attorney-General, Dr. Justice Srem-Sai, revealed that a nolle prosequi had been entered in the case titled The Republic v. Kwabena Duffour & 7 Others.
The statement explained that the AG’s move was made in the interest of openness and public accountability.
Part of the AG statement read, “Following prolonged negotiations and engagements, the accused persons in The Republic v. Kwabena Duffour & 7 Others case have met this recovery threshold. Accordingly, in furtherance of public interest, and considering the significant recoveries made for the State, the Honourable Attorney-General has satisfied himself that continuing with the prosecution will not serve any additional public purpose.
This decision, however, does not imply an absence of wrongdoing nor a vindication of any conduct. It is a pragmatic step in line with the overarching national interest of recovering State resources”.
According to Martin Kpebu, if we insist on conviction before recovery, most often the accused are frustrated with delays and end up with no conviction, and the country loses everything.
Speaking on Joy FM’s Super Morning Show in reaction to the Attorney-General’s dropping charges, Martin Kpebu stated, “I embrace it fully. It is a bold decision, and it is the right thing to do”.
“We’ve said we need to improve our laws in respect of non-conviction-based asset recovery; this is one of them, even though we have not written it in law.”
He added, “Most of the time, if we insist on the conviction of the person first before we recover, it takes years, because these people are often strong, rich — they can get the best lawyers in town. They can get lawyers to delay and delay, and eventually, the cases don’t end in conviction, and we’ll lose everything. So, half a loaf is better than none.”
However, Sulemana Braimah, the Executive Director of the Media Foundation for West Africa (MFWA), has fired shots at the Attorney-General over his decision to accept a sixty per cent recovery of funds in the Kwabena Duffuor and seven others UniBank collapse case.
According to Sulemana Braimah, this was not ORAL promised.
He asserted that Ghanaians were told of Operation Recover All Loots and not Operation Recover Partial Loots.
Speaking on Joy FM’s Super Morning Show, Sulemana Braimah stated, “I am happy that someone like Martin was part of the ORAL committee, and ORAL, we were told, was Operation Recover all Loots. I don’t think it was Operation Recover Partial Loots.
“I think if we are going this way, if I misappropriate GHS100 million or something to that effect, and then in the end, I know that the system is such that if I put forward even not 60% but 70% of whatever has been taken, I am going to do away with 30%,” he stated.
He added, “If it involves GHS100 million and I manage to give out GHS70 million, I can keep the GHS30 million for free — then that is an incentive to engage in all sorts of things”.
“Is that the kind of country we want to build, where it is okay to steal, loot, or misappropriate? If you are not caught, you get away with it, and if you are caught, you refund 60% or 70% and keep the rest? Is that why we are involved in this fight against corruption?” he bemoaned.
Sulemana Braimah noted, “If this is how we’re going to go about it, then there is actually an incentive to steal from the State, because there is no sanction, there is no deterrent, there is no accountability, just refund what you have looted, not even all of it, just part… then, really, I think there is an incentive for many people to do a lot of things against this country.”
