Attorney-General Godfred Yeboah Dame says recent commentary by various persons "including members of the legal profession of considerable standing" on so-called high-profile criminal cases transgresses permissible limits of free speech.

In a press release on Tuesday, July 4, he stated that such acts "unduly interfere with the work of State Prosecutors performing their constitutional function of prosecuting crime in Ghana and tends to put unnecessary pressure on the courts."

According to the AG, "the cases which have been the subject of unwarranted public commentary include but are not limited to, Republic vs. James Gyakye-Quayson, Republic vs Dr Stephen Opuni & 2 Others and Republic vs Cassiel Ato Forson & 2 Others." 

The Attorney-General reminds "Ghanaians of the principle of the equality of all persons before the law enshrined in Article 17(1) of the Constitution. No person living in Ghana, citizen or non-citizen, is above the laws of Ghana or immune from an application of same." 

Mr Dame added "The Attorney-General’s constitutional responsibility for the “initiation and conduct of all prosecutions of criminal offences” implies a duty to prosecute a crime committed in Ghana, after proper investigations have been conducted, irrespective of the political, race, colour, ethnic, religion, economic or social status of the culprit.

"State Attorneys assisting the Attorney-General in the performance of this hallowed constitutional mandate, operate under extreme pressure and are exposed to severe risks. They have the right to prosecute cases freely in a court of law just as private legal practitioners enjoy a right to defend their clients, free from abuse and attacks on their character."

What did the Dormaahene say?

His comment comes after the Dormaahene, Osagyefo Badu II, who’s also the President of the Bono Regional House of Chiefs, appealed to President Akufo-Addo to intervene and stop the prosecution of the MP-elect, James Gyakye Quayson. 

Speaking at the 10th-anniversary lecture of John Evans Atta Mills, in Sunyani, Osagyefo Agyemang Badu who’s known in judicial practice as His Lordship, Justice Daniel Mensah said pursuing the case will not contribute to the country’s development in any way.

“As a matter of urgency, I am appealing to the President of the Republic, Attorney General if he has any role to play, that the trial should be aborted,” he appealed.

He thus called on the Attorney General, Godfred Yeboah Dame “to as a matter of urgency file a nolle prosequi to end that particular decision.”

Again, he expressed worry about the Supreme Court’s ruling which resulted in Mr Quayson being removed from parliament.

Exceeding the bounds of freedom of speech

But his comment has incurred the wrath of the Office of the Attorney-General and Ministry of Justice saying such commentaries "clearly exceed the bounds of acceptable speech as they seek to disparage prosecutors in the eyes of the public and frustrate prosecution of those cases.

"Some of the comments are orchestrated to pervert the course of justice and/or prejudice the fair hearing and determination of the cases." 

Mr Dame explained that "The decision to prefer a charge against an accused person is not made on the basis of a person’s political status, social or economic standing but on the strength of evidence subject to the scrutiny of the courts.

"An acquittal of a person by the courts does not imply malice on the part of the Republic in the filing of a charge.

"The perception that a crime committed by a person of high political standing in society should not be prosecuted is dangerous for society and must not be countenanced." 

The Attorney-General added that "in the discharge of his duty to protect the administration of justice from abuse, hereby entreats the general public to permit the streams of justice to flow freely and uncontaminated by undue comments and pressure on the courts." 

The Attorney-General cautioned that "no immunity is conferred by a person’s position in parliament, judiciary, traditional authority, Ghana Bar Association (GBA), or any official position, from the consequences of an interference in the administration of justice or an attempt to overreach a judgment to be delivered by the court in any matter.

"We must respect due process."