The Minority Caucus in Parliament has launched a scathing attack on Attorney General Dr. Dominic Ayine, condemning his decision to enter a nolle prosequi in the high-profile case against former Unibank CEO Dr. Kwabena Duffuor and seven co-accused.
The move, branded a shocking abuse of prosecutorial powers, has ignited a fierce debate, with the Minority warning it sets a dangerous precedent that threatens to shatter public confidence in Ghana’s justice system.
Addressing a press conference in Parliament on Monday, Kwame Anyimadu-Antwi, MP for Asante-Akim Central, minced no words as he interrogated the legal and ethical underpinnings of the Attorney General’s decision. The case, which revolves around allegations of fraudulent breach of trust, money laundering, and a staggering GH¢5.7 billion loss in depositors’ funds, has been a touchstone for accountability in the financial sector.
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Anyimadu-Antwi, speaking on behalf of the Minority, challenged the Attorney General’s July 22 press release, which cited a ‘60% recovery threshold’ as the justification for halting the prosecution. “This is not accountability. This is abdication! The Attorney General claims that 60% of the losses have been recovered. Where is the evidence? And under what law can someone cause such monumental loss to the state, pay back a portion, and walk free without a conviction?” he questioned.
The Minority cast doubt on the Attorney General’s valuation, questioning how the figure of GH¢1.2 billion was arrived at as the total loss, suggesting it was an administrative revaluation designed to retroactively justify the contentious decision.
The Minority challenged Dr. Ayine’s ethical integrity, hinting at a glaring conflict of interest. “Did Dr. Dominic Ayine not previously act as counsel for Dr. Kwabena Duffour in this same matter?” the Minority demanded. “Now, as Attorney General, he turns around and discontinues the case. This is not just unethical, it reeks of cronyism and compromise.”
The caucus is now demanding full public disclosure of Dr. Ayine’s past legal affiliations with any of the accused in the Unibank case, turning up the heat on the nation’s chief legal advisor.
The Minority reserved particular scorn for what they described as a ‘mysterious and legally baseless 60/40 policy.
“When was this introduced into our criminal jurisprudence? Was it ever debated in Parliament? Under what authority does the Attorney General implement a policy that essentially tells economic criminals to keep 40% of what they stole?” Anyimadu-Antwi queried.
Citing Section 35 of the Courts Act, 1993 (Act 459), the Minority argued that even in instances of restitution or plea bargaining, legal processes demand court supervision and a resulting conviction, conditions conspicuously absent in the current nolle prosequi.
“The Attorney General’s justification is not only deeply flawed but entirely extrajudicial. This cannot be classified as a plea bargain or restitution. It’s simply an escape route for the politically connected,” he said.
Labeling the Attorney General’s action a betrayal of public trust, the Minority issued an urgent plea to various bodies for immediate intervention. They urged Parliament’s Constitutional, Legal and Parliamentary Affairs Committee to swiftly summon the Attorney General for questioning.
They called on the Ghana Bar Association to investigate any possible ethical breaches and implored civil society, religious leaders, and every Ghanaian who cares about justice to speak up. “This is not a political issue. This is a moral and legal crisis. The Attorney General must reverse this decision or face legal action,” the Minority warned.
The MP warned that the Minority is actively considering a legal challenge in court to overturn the decision, emphasizing that for justice to truly prevail, it must not only be done, but it must be seen to be done.