A-G denies President Mahama’s influence in dropping high-profile cases, cites legal and ethical reasons

The Attorney General (A-G), Dr. Dominic Akuritinga Ayine, has dismissed claims that President John Dramani Mahama influenced his decision to discontinue several high-profile criminal cases.

Since assuming office last month, Dr. Ayine has terminated cases involving key state officials, including Finance Minister Dr. Cassiel Ato Forson and Bank of Ghana Governor Dr. Johnson Asiama.

Speaking at a press conference in Accra on Wednesday, February 12, Dr. Ayine clarified that these decisions were made independently by his office after a thorough professional review of the cases. He emphasized that President Mahama played no role in the discontinuation of any case.

"Ladies and gentlemen, my decision to terminate the criminal trials was animated in the main by three factors. The first was that for ethical and professional reasons, I could not in good conscience continue to prosecute some of the cases," he said.

"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."

He continued: "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 explained that before reaching these decisions, he conducted extensive consultations, including multiple briefings with the Director of Public Prosecutions (DPP) and discussions with defense lawyers involved in the cases.

He further noted that in cases where disagreements arose—such as those related to the banking sector clean-up—he communicated his views directly to the lawyers involved.

"As Attorney General, I am keenly aware that the prosecutorial authority vested in me under Article 88 of the Constitution is discretionary in nature and is subject to the constitutional requirements set out in Article 296 of the Constitution."

He added that the Constitution mandates him to act fairly, reasonably, and without bias, stating: "The import of these constitutional requirements is that, in the exercise of my prosecutorial power, I must not only act reasonably and fairly and comply with all the requirements imposed on me by law but also, I must be candid with those whose life and liberty depend on my decisions."

Dropped cases

The Attorney-General’s decision affected seven major cases, including that of former Deputy Governor of the Bank of Ghana, now Acting Governor, Johnson Asiama, whose charges related to the collapse of UniBank and UT Bank were withdrawn.

The A-G also dropped charges against Finance Minister Ato Forson and businessman Richard Jakpa in the controversial ambulance procurement case.

Additionally, the trial of former COCOBOD CEO, Dr. Stephen Kwabena Opuni, and businessman Seidu Agongo, accused of causing GH¢271 million in financial loss through the Lithovit foliar fertiliser scandal, was discontinued.

In another high-profile decision, the A-G withdrew charges against former SSNIT boss Dr. Ernest Thompson and three others accused of financial mismanagement, though he noted that some persons linked to SSNIT and the banking sector cases were still standing trial.

The financial misconduct trial of former Works and Housing Minister Collins Dauda and four others in the Saglemi Housing Project was also discontinued through a nolle prosequi.

Other notable cases dropped include those against activist Oliver Barker-Vormawor, Ama Governor, and others, reigniting debates on protest rights and political suppression. Additionally, former NDC Chairman Samuel Ofosu Ampofo and Communications Officer Anthony Kwaku Boahen were freed from charges related to a leaked recording allegedly plotting political violence.

Dr. Ayine maintains that his decisions were legally and ethically sound, reiterating that justice, not politics, guided his actions.