Bright Simons, Honorary Vice President of think tank IMANI-Africa, has described the prosecution of Dr Ato Forson by the New Patriotic Party administration as the worst abuse of prosecutorial discretion in Ghana’s history.
Speaking on JoyNews’ *Newsfile* programme on Saturday, 15th February, Simons supported Dominic Ayine, the Attorney General’s decision to discontinue the case, stating that his independent analysis of the matter confirmed significant flaws in the prosecution’s approach.
“I also agree with the discontinuation of the Ato Forson case because I personally investigated the matter as an independent analyst, and it is the worst abuse of prosecutorial discretion we have seen in this country,” he stated.
He explained that the case hinged on a letter of credit, which, by its nature, is a risk management instrument used to safeguard transactions. According to Simons, the mere existence of such a financial arrangement should not have been the basis for criminal charges.
Dr Ato Forson, a former Deputy Finance Minister, was previously standing trial at the Accra High Court over allegations of causing a financial loss of €2 million in an ambulance procurement deal.
However, the Court of Appeal acquitted and discharged him on 30th July 2024, after ruling that there was no case against him.
The Attorney General formally abandoned any further proceedings at the Supreme Court in a notice filed on 24th January 2025.
Despite this, former Attorney General Godfred Yeboah Dame has accused his successor, Dr Dominic Ayine, of politically shielding members of the National Democratic Congress (NDC) through mass case withdrawals.
Mr Dame argued that Ayine’s actions were a calculated attempt to clear NDC officials of wrongdoing.
However, Simons’ comments suggest that at least in the case of Ato Forson, the initial prosecution lacked merit and was an overreach of legal authority.
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