Former Special Prosecutor Martin Amidu has criticised the John Mahama administration over its decision to enter a nolle prosequi in the criminal case involving former Finance Minister Dr. Kwabena Duffuor and seven others.
The decision, announced in a press release from the Office of the Attorney-General on July 22, terminated the prosecution in the matter of Republic v Kwabena Duffuor & 7 Others (CR/0248/2020).
In the said criminal case, the accused, including Bank of Ghana Governor, Dr. Johnson Asiama, were standing trial for alleged financial impropriety related to the collapse of uniBank Ghana Limited.
However, the A-G cited a negotiated agreement in which the accused parties would refund 60 percent of the state’s alleged financial losses.
Reacting to this in an opinion editorial, Mr. Amidu argues that government’s action sidesteps the proper legal processes enshrined in the country’s plea bargaining framework and also breaches constitutional standards of accountability and transparency.
“This reeking high corruption by the Government has been dressed in the robe of an exercise of prosecutorial discretion by the Attorney-General,” he wrote.
Mr. Amidu also asserted that the decision reflects procedural irregularities and a conflict of interest on the part of the Attorney-General.
He revealed that Dr. Ayine once served as legal counsel for both Dr. Kwabena Duffuor and his company, HODA Holdings Limited, during the early stages of the case in 2020, a detail Mr. Amidu believes should have disqualified him from handling the matter as Attorney-General.
“The Attorney-General and former defence lawyer for the 1st and 2nd accused persons should have been upfront and honourably disclosed his previous professional relationship,” he asserted.
