AG tackles critics on case withdrawals

On February 12, 2025, Ghana’s Attorney General and Minister of Justice, Dr. Dominic Akuritinga Ayine, addressed a media gathering to explain his decision to discontinue several high-profile criminal cases, many involving political figures and individuals associated with the previous NDC administration. With a blend of legal reasoning, ethical clarity, and commitment to upholding constitutional principles, Dr. Ayine made his stance clear: prosecutorial power must be exercised fairly, transparently, and without bias.

Dr. Ayine’s rationale for dropping charges

The Attorney General outlined three major justifications for dropping the cases, which had stirred public debate and speculation:

1. Ethical and professional concerns

Dr. Ayine, drawing from his own professional experience, emphasized that he could not continue prosecuting certain individuals, particularly those with whom he had past professional ties. Notably, the cases of Republic v. Cassiel Ato Forson and Republic v. Samuel Ofosu Ampofo had been politically charged from the start, according to Dr. Ayine. He had previously represented these individuals in his capacity as counsel, and given his strong belief that their prosecution was politically motivated, it would be ethically improper for him to continue.

2. Defective charges and lack of legal merit

In some instances, like the case of Republic v. Collins Dauda, the charges brought against the accused were legally flawed, with critical financial transactions overlooked or misunderstood. Dr. Ayine pointed out that continuing such cases would only perpetuate injustice, as there was no solid legal foundation to sustain them.

3. Weak evidence and inefficiency

Manny cases, including those involving figures from the banking sector and other prominent cases, suffered from a lack of compelling evidence to secure a conviction. For the Attorney General, further prosecution would not only waste state resources but would be unlikely to yield a just outcome.

Commitment to transparency and accountability

One of the defining features of Dr. Ayine’s tenure as Attorney General has been his commitment to transparency in prosecutorial decisions. Unlike his predecessors, he rejected the notion that an Attorney General is not obliged to justify the discontinuation of cases. As he explained, this was not merely a matter of legal technicalities but of adhering to ethical standards outlined in the Constitution.

“I believe that justice must be delivered based on law and evidence, not under political pressure,” Dr. Ayine stated, affirming that he was acting in accordance with his constitutional mandate, not to appease political forces. His call for transparency reflects his belief that public trust in the judicial system can only be maintained through openness and integrity in decision-making.

A Judicial system free from political influence

Dr. Ayine also took the opportunity to criticize the conduct of some judges, highlighting concerns over their potential bias, particularly in cases involving individuals from the opposition or political figures linked to the National Democratic Congress (NDC). He alleged that certain judges had shown undue deference to the prosecution, further undermining the fairness of trials.

For Dr. Ayine, a judiciary that is influenced by political or partisan pressures not only compromises the integrity of the legal system but also erodes the fundamental principles of justice and fairness that must govern any democracy.

Hasten slowly: AG to critics tagging Mahama as ‘clearing agent’

In response to critics who hastily attributed the decision to drop the cases to political influence, Dr. Ayine unequivocally stated that President John Dramani Mahama had no involvement in his decisions. Addressing accusations made by investigative journalist Manasseh Awuni Azure, who had questioned the President’s role in “clearing” political allies, Dr. Ayine urged his critics to “hasten slowly.”

“I take full responsibility for all decisions regarding the discontinuation of cases. The President is not behind these decisions. I did not act under any pressure, nor was I directed to drop any cases,” Dr. Ayine emphasized, defending his actions as guided solely by legal and ethical considerations. His stance was further reinforced by his assertion that there was no merit to claims that the cases were dismissed to protect political allies.

Ato Forson case: A prime example of political witch-hunt

Among the high-profile cases that Dr. Ayine decided to discontinue was that of Dr. Cassiel Ato Forson, the current Finance Minister. Forson had been accused of causing financial loss to the state in the controversial ambulance procurement deal. After reviewing the case thoroughly, Dr. Ayine reiterated his belief that Forson had been politically targeted and that the charges lacked substantial legal merit.

Dr. Ayine was personally involved in the case from its inception and explained that the case against Forson was politically motivated, with no solid legal grounds to proceed. His decision was validated by the ruling of the Court of Appeal, which had criticized the trial court for not properly assessing the evidence and had acquitted Forson and his co-accused.

Reflecting on this and other cases, Dr. Ayine made it clear that, although accusations of financial mismanagement were serious, they did not automatically imply corruption or looting of state resources. He distinguished between charges of causing financial loss and more severe allegations, such as bribery or corruption, stressing that those accused of financial mismanagement should not be unfairly vilified as thieves without sufficient proof.

A controversial decision, but a stand for legal integrity

Dr. Ayine’s decision to drop multiple high-profile charges, including those against figures like former Works and Housing Minister Collins Dauda, former SSNIT boss Dr. Ernest Thompson, and former COCOBOD CEO Dr. Stephen Opuni, has sparked widespread debate. Activists, political analysts, and opposition members have criticized the Attorney General for potentially undermining accountability and shielding political figures from the law.

However, Dr. Ayine’s response to these criticisms has been firm. “The law must be our guide, not political considerations. If the evidence is weak or non-existent, we cannot justify further prosecution,” he said, reiterating his commitment to uphold the rule of law and ensure that justice is not only done but seen to be done.

As Ghana’s legal system continues to grapple with these significant cases, Dr. Ayine’s stance will likely continue to be a point of contention. However, for him, the integrity of the justice system is paramount. His actions as Attorney General thus far signal a commitment to professionalism, fairness, and the critical need for transparency in the pursuit of justice—free from political influence.

Read the summary of AG’s press conference

Summary of the Press Conference by Attorney General Dr