Defective Charges, Lack of Evidence, Legal Flaws: AG explains why he discontinued some cases

Speaking at a press briefing in Accra on Wednesday, February 12, 2025, he said that the decisions were based on defective charges, lack of evidence, and legal flaws that could have led to wrongful prosecutions or acquittals.

Dr. Ayine cited the case of, for instance, Republic vs. Collins Dauda and others, where the first accused was charged with misapplying public funds amounting to $200 million.

However, he argued that part of that amount was used to construct houses at Saglemi, making the charges flawed.

“In other words, the value of that built environment is, in my considered opinion, a key determinant of how much of the total sum was allegedly misapplied by the Honorable Collins Dauda. Discounting the value of the built environment renders those charges, in my considered opinion, defective,” he stated.

He also noted that subsequent payments made by other ministers after Dauda left office were not considered in the prosecution’s case.

“For instance, Atta Akyea, as Minister of Works and Housing, approved a payment of $5 million in 2017 that ought to have been considered in determining the value of state funds that Collins Dauda had misapplied. But that wasn’t done. And note, ladies and gentlemen of the media, that Atta Akyea was never charged, even though the Collins Dauda was,” he pointed out.

Dr. Ayine stressed that an accused person is entitled to know precisely the crime they are charged with and the burden they must discharge to prove their innocence. He argued that the charges in some cases failed to meet the legal standard of precision required for a fair trial.

“My review of some of the cases certainly revealed fatal flaws in the case of the prosecution,” he said.

He gave the example of two ongoing banking trials, where he withdrew charges against Johnson Asiamah, the current Governor of the Bank of Ghana.

He explained that an internal memo prepared by the Prosecutions Division of the Attorney General’s Department had recommended dropping the charges, but the former Attorney General failed to act on the recommendation.

“This is very significant. This is an internal memo prepared by professional prosecutors advising the Attorney General that the charges against our current Governor of the Bank of Ghana be dropped,” he said.

He further explained that the initial facility of GH¢300 million, which was the basis of the charges, had been recovered, except for GH¢150 million, which was being serviced.

The memo stated that once UMB Bank received locked-up funds from Consolidated Bank Ghana (CBG), the loan would be fully repaid, making the charge of financial loss unsustainable.

“The professional opinion of the Prosecution Division was very, very clear that the charges against the current Governor of the Bank of Ghana are unsustainable. In other words, factually and in terms of the evidence available, he could not be convicted of the offenses charged,” he said.

On the case involving the procurement of Lithovit foliar fertilizer scandal, by COCOBOD, he argued that the entire prosecution was flawed, as no evidence was presented to show that farmers suffered losses due to the fertilizer.

“Rather strangely, not a single farmer was called by the prosecution to prove this fact. On the contrary, officials at COCOBOD who were invited by the investigators gave statements to the effect that Lithovit fertilizer was one of the most effective fertilizers purchased by COCOBOD and that farmers preferred Lithovit fertilizer to the granular fertilizer,” he stated.

He also criticised the conduct of some judges in the cases, arguing that their actions compromised the fair trial rights of the accused.

He pointed out that Justice Clemence Honyenuga, who presided over the Opuni case, expunged exculpatory evidence before ruling that the accused had a case to answer.

“When Justice Honyenuga single-handedly expunged otherwise exculpatory evidence from the record in the Opuni case and then proceeded to rule that the accused had a case to answer, in his ruling on submission of no case, he was far from portraying any semblance of neutrality,” he said.

Dr. Ayine also raised concerns over the reassignment of judges and promotions of some judges handling high-profile cases, stating that such actions created perceptions of executive interference.

“This perception, whether true or not, is that the promotion may be an inducement to convict the accused persons,” he remarked.

He assured the public that his decisions were made after thorough legal scrutiny and were not influenced by any external pressure, including the president.

“I am not under any instructions or pressure to discontinue any case or to bring charges against anyone. Those who are in a haste to tag His Excellency the President of the Republic as a clearing agent should hasten slowly because he is not responsible for prosecutions and has not directed me to drop any case,” he emphasised.

He also differentiated between cases of causing financial loss and outright corruption, arguing that while some accused persons may have made questionable financial decisions, it did not mean they had looted state resources.

“There is a gulf of difference between the offense of causing financial loss to the state or misapplication of state funds and the offenses of bribery, corruption, or that of using public office for private gain,” he clarified.

Dr. Ayine reaffirmed his commitment to upholding justice and ensuring fair prosecutions, while protecting the public interest.

The discontinued cases include that of the former Deputy Governor of the Bank of Ghana, now acting Governor, Johnson Asiamah. The Attorney-General withdrew all charges against him after he was implicated in the collapse of some banks.

The AG also dropped the case brought against former Minority Leader and now Minister of Finance, Dr. Cassiel Ato Forson, and Richard Jakpa in the ambulance procurement deal.

The recent decision to discontinue the high-profile cases sparked intense debates in Ghana’s legal and political circles.