The decision by Ghana's Attorney-General to drop criminal charges against Dr. Kwabena Duffuor and seven others in the UniBank case continues to generate significant discussion. Prof. Ernest Kofi Abotsi, Dean of the UPSA Law School, has suggested that Dr. Duffuor may have been used as a scapegoat in the prosecution.
Was Duffuor a Scapegoat?
Speaking on JoyNews' Newsfile, Prof. Abotsi highlighted the potential pitfalls of prosecuting individuals without a clear precedent. He emphasized the importance of consistency in applying the law. According to him, it appears that there is a sense of scapegoating here, even if this had happened in the past, perhaps there hasn’t been a prosecution, or perhaps there hasn’t been, you know, the state hasn’t chased after this to ensure that there’s a refund. So the accused person involved may perhaps be facing a scapegoating scenario, being scapegoated for the first time to demonstrate the state resolve not to tolerate this move into the future.
The Attorney-General's decision to file a nolle prosequi came after negotiations to recover 60% of the GH¢5.7 billion owed to the state. The charges against Dr. Duffuor and others, filed in February 2020, included accusations of theft and money laundering.
The Attorney-General's Decision
Deputy Attorney-General Dr. Justice Srem-Sai stated that the discontinuation of the case was linked to the substantial recovery of state funds. The case involved allegations that Dr. Duffuor received GHS 663.3 million illegally. The case also implicated a former Deputy Governor of the Bank of Ghana, Johnson Asiama.
- The Attorney-General's office collaborated with EOCO.
- A 60% recovery threshold was established.
- The decision sparks debate on fair prosecution.
The Newsfile program discussed the implications of the AG’s decision, along with other topics such as the Auditor-General’s report and the budget review. The legal community and the public are closely watching the developments and their impact on future financial crime cases in Ghana. This decision will set a precedent for subsequent similar cases.