The minority in parliament has told the Attorney-General, Dr. Dominic Akuritinga Ayine, to reverse his decision to discontinue the Duffuor case.
According to the minority, the Attorney General must rescind his decision or face them in court.
It will be recalled that 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, “In pursuit of this objective, the Office of the Attorney-General, in collaboration with other relevant State agencies, established a threshold of 60% recovery of the alleged losses to the State as a condition for reconsidering prosecution in specific cases”.
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”.
Dominic Nitiwul, speaking to the media, has said it is illusory for anyone to think that the AG or the Republic can recover 100% in every case.
According to Dominic Nitiwul, it is better for some portion of embezzled funds to be recovered than to risk a total loss.
Speaking at the Government Accountability Forum on Monday, 28th July, Dr Ayine justified his office decision saying, “Those who are oversimplifying it and saying this is a goat stealing scenario must understand that it is more complex than just saying that the Attorney General says bring four goats and keep the rest….., I could have been faced with the situation where the thieves would have eaten four of the goats, thus leaving me with only one possibility to recover only two goats, in other words, assets depreciate, and may even disappear before a diligent prosecutor can lay hands on them he explained.”
“He [General Abacha] shipped a lot of the [stolen] assets overseas, mostly to Switzerland and other parts of Europe and the United States. As we speak, from 1998 till now, the recovery process is still ongoing. Even with the sophistication of the Swiss, UN, and Nigerian authorities, recovery is still ongoing, so it is more complicated than that.”
“If we focus on the recovery, it will be very illusory for anyone to think that the AG or the republic can recover 100% in every case.”
He further cited the case of Beige Capital, for which he rejected a GH¢10 million settlement in favour of full prosecution.
Dr Ayine added, “On the contrary, the records show that the charges (against Dr Duffuor and seven others) were contestable and there was a high likelihood that the defence could have raised sufficient doubt to procure an acquittal, and if that happened, I see from the Beige Capital case, I would not have been able to recover GHC1.00”.
“I can now disclose that Beige Capital offered me or my office, GH¢10 million in settlement. You can ask the lawyers of Beige Capital, and I refused. Today I can’t get 50 pesewas from Beige Capital, so the dynamics are complex”.
However, speaking to the media on Monday, July 28, the Ranking Member on the Constitutional and Legal Affairs Committee of Parliament, Kwame Anyimadu-Antwi fired shots at the Attorney General.
Kwame Anyimadu-Antwi stated, “The Attorney-General’s decision calls for serious scrutiny, legally questionable and ethically dangerous”.
“This approach ignores both the principles of plea bargaining under Ghana’s criminal law and the requirement that restitution must be supervised by the courts,” he argued.
He warned, “We are giving formal notice to the Attorney-General. If this decision is not reversed within a reasonable time, we will proceed to court to challenge it in its entirety”.
