Goal of ORAL is to recover what belongs to state - A-G justifies decision to discontinue trial
The Attorney-General and Minister of Justice, Dr Dominic Ayine, has justified the state’s decision to discontinue the criminal trial of former Bank of Ghana Governor, Dr Kwabena Duffuor, and seven others.
He said the state had already secured some GH¢824 million in assets, with a pledge of recovering an additional GH¢1.2 billion for the state.
At a Government Accountability Series briefing in Accra yesterday, the A-G clarified that the nolle prosequi filed last week followed months of negotiations, resulting in a structured recovery agreement that prioritises the state’s financial interests over a potentially protracted trial with uncertain outcomes.
Initial claims of GH¢5.7 billion in liabilities were revised down to GH¢3.3 billion after excluding GH¢2.1 billion in what he described as "fictitious accounting entries" that did not involve actual cash outflows, as well as GH¢300 million tied to a separate liquidation case involving a related company.
Under the terms of the settlement, the accused persons offered GH¢2 billion in full settlement, comprising GH¢800 million in landed properties already transferred to the state and their cooperation in recovering GH¢1.2 billion from third-party beneficiaries.
Goal of ORAL
Dr Ayine further explained that the deal was a pragmatic approach to securing recoveries for the state, saying prolonged litigation could have led to diminished returns due to legal costs, delays, and the risk of asset dissipation.
"While criminal trials serve a punitive purpose, our primary goal under the ORAL initiative is to recover what belongs to the people of Ghana," he added.
Addressing criticism that the settlement allowed the accused to retain a portion of the disputed funds, the A-G dismissed comparisons to "letting a thief keep two out of six goats," stressing that the charges did not allege personal enrichment, and that a full trial could have resulted in no recovery at all.
The A-G also confirmed that investigations into ORAL-related cases, including the Mathematical Sets, All Africa Games, and DRIP scandals, were nearing completion, with a report from the National Intelligence Bureau expected in the coming weeks.
Additionally, the Economic and Organised Crime Office (EOCO) had finalised investigations into cases involving businessman and Ashanti Regional Chairman of the New Patriotic Party (NPP), Chairman Wontumi and former National Buffer Stock Company CEO Abdul-Wahab Hannan, with announcements expected soon.
Dr Ayine said the Police CID has also completed its probe into the Akonta Mining case, and charges were being prepared for court.
Other cases
In the case involving former Director of National Signals, Kwabena Adu-Boahene, and three others, the A-G said the prosecution had called its first witness, with a second expected to testify before the legal vacation begins on July 31, 2025.
He said delays in the case had been attributed to the withdrawal of legal representation by one of the accused.
In the "Sky Train" case involving former officials, Solomon Asamoah and Prof. Ameyaw-Akumfi, Dr Ayine said the case management conferences had concluded, and that the trial was set to begin soon, barring further adjournments due to health-related excuses from the defence.
He also said that the filing of charges in the National Service Authority (NSA) scandal had been delayed because new evidence had emerged of an additional GH¢189 million in questionable transactions, including GH¢80 million that remains unaccounted for.
Dr Ayine said investigators had uncovered cheques linked to former NSA Director-General, Osei Assibey, who allegedly withdrew nearly GH¢2 million from the account.
At least eight suspects, including former NSA officials, have approached the AG’s Office for plea negotiations, with some offering to testify against their colleagues.
Plea bargaining
The A-G emphasised that plea bargaining remained a viable tool under the ORAL initiative.
He cited provisions in the Courts Act, 1993 (Act 459), which allow for non-custodial sentences in exchange for restitution, and vowed to use all legal means to maximise recoveries.
"Make no mistake, I want to see looters jailed, but I am also pragmatic enough to know that recovery is sometimes the more achievable goal," he said, adding that “where we cannot secure a conviction, we will pursue non-conviction-based asset recovery in the public interest".
