A-G decries public commentary on court cases
The Attorney-General (A-G) and Minister of Justice, Godfred Yeboah Dame, has called on the public to be circumspect in their commentary on court cases in order not to derail the rule of law.
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In a statement, Mr Dame said no one was above the law or immune from prosecution if there was a case against such a person.
He noted that any assertion that a person should not face the law because of his or her political position would not augur well for the development of the country, and as such dangerous for democracy.
“The perception that a crime committed by a person of high political standing in society should not be prosecuted is dangerous for society and
must not be countenanced,” Mr Dame said.
The A-G’s statement was in reaction to comments on some criminal cases against some politicians such as a former Chief Executive of the Ghana
Cocoa Board (COCOBOD),Dr Stephen Kwabena Opuni; the Minority Leader, Dr Cassiel Ato Forson, and the Member of Parliament for Assin North, James Gyakye Quayson.
Recently, some notable individuals such as the Dormahene, Osagyefo Oseadeeyo Agyemang Badu II and a former A-G,Nii Ayikoi Otoo,have called for the discontinuance of the perjury trial against Mr Quayson.
While Osagyefo Agyemang Badu wants the case against the MP dropped to help the developmental drive of Assin North, Mr Otoo said it would be
politically prudent for the A-G to discontinue the case in view of current public sentiments.
Others have also described the trial of Dr Forson and Dr Opuni as politically motivated.
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Strength of evidence
However, Mr Dame refuted such claims, emphasising that the A-G had a constitutional mandate to prosecute crimes, and, therefore, any move by the A-G was in furtherance of its constitutional responsibility.
“The decision to prefer a charge against an accused person is not made on the basis of a person’s political status,social or economic standing but on the strength of evidence subject to the scrutiny of the courts.
An acquittal of a person by the courts does not imply malice on the part of the Republic in the filing of a charge,” the A-G stated.
Prejudicial comments
The A-G added that many public utterances, including those by lawyers, were prejudicial and had the potential to mar the effective administration of
justice.
The Principal Legal Advisor to the government said such comments did not provide a conducive environment for state prosecutors and the court to
effectively discharge their functions.
“The Attorney-General’s constitutional responsibility for the ‘initiation and conduct of all prosecutions of criminal offences’ implies a duty to prosecute a crime committed in Ghana after proper investigations have been conducted, irrespective of the political, race, colour, ethnic, religion, economic or social status of the culprit.
“State attorneys assisting the Attorney-General in the performance of this hallowed constitutional mandate operate under extreme pressure and are exposed to severe risks.
They have the right to prosecute cases freely in a court of law just as private legal practitioners enjoy a right to defend their clients, free from abuse
and attacks on their character,” the statement added.