
Accra, Ghana – The Attorney General and Minister of Justice, Dr. Dominic Akuritinga Ayine, has provided detailed reasons for discontinuing certain high-profile criminal cases initiated under the previous NPP administration.
Among those affected by the decision are Dr. Cassiel Ato Forson, Dr. Stephen Opuni, Dr. Johnson Asiamah, and Dr. Samuel Ofosu-Ampofo, among others who were facing various charges, including causing financial loss to the state and politically motivated allegations.
Speaking at a press briefing, Dr. Ayine outlined three key factors that influenced his decision:
1. Ethical and Professional Concerns
“The first was that for ethical and professional reasons, I could not in good conscience continue to prosecute some of the cases,” he stated.
2. Defective Charges and Lack of Logical Basis
“The second was that, for some of the cases, my own review and analysis of the charges showed clearly that the charges were defective, and some were filed against the promptings of plain commonsense.”
3. Lack of Sufficient Evidence
“The third reason was that, in some of the cases, the evidence led so far showed that there was reasonable doubt as to the guilt of the accused persons, and no prosecutor should continue to pursue a case in the face of overwhelming doubt regarding the guilt of the accused.”
Dr. Ayine further criticized the conduct of certain judges in some of the cases, stating:
“Also, it is important to highlight the fact that in most of the cases in which I have terminated proceedings, the conduct of some of the individual judges left much to be desired.”
He warned that judicial bias undermines the integrity of the justice system.
“Suffice it to say that it raises the specter of lack of fairness in criminal proceedings where a judge is seen to be overly hostile to the accused and unreservedly deferential to the prosecution.”
Specific Cases and Justifications
Dr. Ayine emphasized that his decision was based purely on professional and ethical considerations.
“For purely ethical and professional reasons, I could not in good conscience continue to exercise my prosecutorial authority under article 88(3) in some of the cases.”
He revealed two cases in which he had direct involvement:
– Republic v. Cassiel Ato Forson & Another
– Republic v. Ofosu-Ampofo & Another
Regarding Dr. Ato Forson, he strongly believed the charges were politically motivated.
“I believed then and still believe now that the Honourable Ato Forson was the victim of a political witch-hunt and that he had no case to answer in that trial.”
He pointed out that this position was later upheld by the Court of Appeal.
“That position was vindicated by the erudite judgment of the Court of Appeal, which ruled that the trial court erred in calling upon the accused persons to mount their defence.”
Dr. Ayine also criticized his predecessor, Godfred Yeboah Dame, for pursuing an appeal despite the Court of Appeal’s ruling.
“When the then Attorney General vowed to file an appeal and actually went ahead to do so, I took the view that it was done to save face and that there was not a scintilla of merit to his appeal. Indeed, the appeal was, to say the least, incompetent.”
Regarding Dr. Ofosu-Ampofo’s case, he reiterated that the charges were politically motivated.
“My involvement in the case of Republic v. Ofosu Ampofo & Another is a matter of public record.”
He explained that he was part of the defense team along with Tony Lithur and former Attorney General Marietta Brew.
“At the initial stages of the trial, I was on record as counsel with the venerable Tony Lithur and my former boss, the Honourable Marietta Brew.”
He stood by his earlier position that the case was a political attack.
“It was our position as a team that the charges against the Honourable Ofosu Ampofo were trumped up and motivated purely by politics. I still stand by that view.”
Dr. Ayine further provided detailed justifications for terminating the cases against Dr. Opuni, Dr. Johnson Asiamah, and others, promising transparency in all prosecutorial decisions.
Read the full briefing of the Attorney General and Minister of Justice below.
Story by: Emmanuel Romeo Tetteh (#RomeoWrites) / Ahotoronline.com | Ghana