DR DOMINIC AKURITINGA AYINE

THE ATTORNEY GENERAL AND MINISTER OF JUSTICE

THE OFFICE OF THE ATTORNEY-GENERAL AND MINISTRY OF JUSTICE

ACCRA – GHANA.

Dear Honorable Attorney General,

AN OPEN LETTER TO THE HONOURABLE ATTORNEY-GENERAL AND MINISTER OF JUSTICE

I write to you as a concerned citizen of Ghana regarding your recent decision to enter a nolle prosequi in the case involving Dr. Kwabena Duffuor and the seven others linked to the collapse of UniBank.

While the decision is rooted in the recovery of state funds and aligns with the principles outlined in our Constitution, I would like to express some thoughts on the broader implications of prosecutions in our political landscape.

As you consider exercising your constitutional powers under Article 88(3) and Article 296 of the 1992 Constitution, in conjunction with Section 54 of the Criminal and other Offences (Procedure) Act, 1960 (Act 30), I urge you to stand firm in your authority. It is unfortunate that individuals who are criticising fail to understand that the nolle prosequi at the point it was entered will function as a discharge rather than an acquittal.

While some may question the rationale behind your decision, it's essential to remember that the law grants you discretionary power to discontinue prosecution without giving a reason. It is not susceptible to judicial review.

Given the past government's track record of pursuing political persecution, often without sufficient evidence, I advise you to exercise caution.

Cases like Hon. Ato Forson and Dr. Opuni's demonstrate that the previous administration prioritised scoring political points over genuine pursuit of justice. This has understandably led to perceptions of political persecution, undermining the integrity of our justice system.

Your decision to enter a nolle prosequi is commendable, particularly given the emphasis on the recovery of lost public funds; however, I urge you to exercise your statutory power without the necessity of public justification.

In doing so, you can safeguard your office from misinterpretation and politicisation by those who do not wish the government well. There are individuals who are ready to twist any narrative to depict the government as ineffective or corrupt. By following the statutory provisions and refraining from elaborating on your decisions, you maintain the integrity of your office and shield it from baseless criticism.

Your critics may attempt to twist your decisions, but it's crucial to remember that they failed to secure convictions during their eight-year tenure. Stand firm in your commitment to upholding the rule of law and protecting the public interest.

It is vital to remind the public that those who occupied the highest offices during the last administration were unable to secure the convictions they sought, despite their aggressive prosecutions. They focused on political manoeuvring rather than the rule of law, a practice that needs to be rectified moving forward.

As you continue to uphold justice and the rule of law, I encourage you to also prioritise the proper application of legal principles over political considerations.

May your actions be guided by a commitment to fairness and accountability, rooted in the belief that society benefits most when justice is pursued with integrity.  

Thank you for your attention, and I hope my thoughts contribute to the important discourse on justice in our nation.

Sincerely,

Evans Mawunyo Tsikata,

A concerned Citizen.