Former Attorney-General and Minister for Justice, Godfred Yeboah Dame, has launched a scathing critique of his successor, Dr. Dominic Ayine, following the government’s decision to drop criminal charges against Unibank founder Dr. Kwabena Duffuor and seven others.
In a strongly-worded statement issued on Monday, July 29, Mr. Dame took issue with Dr. Ayine’s rationale for filing a nolle prosequi—a legal notice indicating the state will no longer pursue prosecution. He accused the current Attorney-General of misleading the public into believing that the decision was part of a strategic asset recovery effort.
“Dr. Ayine ought not to mislead the public into thinking that through some unprecedented genius, he has recovered assets or money for the State,” Dame wrote. “The record will reflect the fact that, to date, Dr. Ayine has not recovered a single cedi in the Unibank matter.”
Mr. Dame argued that all assets linked to the accused had already been identified by the Receivers of Unibank during his tenure. He questioned the legal foundation of Ayine’s approach, warning that there is no statutory basis for relying on already-identified assets to settle alleged liabilities.
“This arrangement is not pursued under any law. It is only pursuant to the exercise of Ayine’s power of nolle prosequi,” he stated.
Asset Recovery or Political Favour?
The former Attorney-General suggested that Dr. Ayine’s action was a calculated move to shield political allies from prosecution. He called on the current administration to disclose whether any enforceable agreements were signed before dropping the case, and whether fair and objective valuations of the properties in question had been conducted.
Dame’s statement also drew comparisons with previous financial crime cases, citing the prosecution of Capital Bank founder William Ato Essien, who is currently serving a 15-year jail term after defaulting on a structured repayment deal approved by the court.
“There is no justification for Ato Essien to be in jail if this new standard is to be accepted,” Dame added.
Legal Misrepresentation Alleged in Ato Forson Case
Mr. Dame further accused Dr. Ayine of misrepresenting facts in the ongoing trial of former Deputy Finance Minister Cassiel Ato Forson. He said Ayine falsely claimed that it took six months to file witness statements in the case, when records show that the prosecution submitted all relevant documents within 27 days of arraignment in 2022.
“The tendency of the Attorney-General to publish plain untruths, half-truths and misinformation against the prosecuting team and courts is highly unprofessional,” Dame asserted.
Appeals, Delays, and Allegations of Political Bias
In a broader critique, the former AG lamented the abandonment of several high-profile prosecutions initiated during the Akufo-Addo administration. He estimated that over GHC7 billion in claims have been lost due to the discontinuation of these cases, excluding the disputed GHC2 billion in the Unibank case.
He questioned Ayine’s commitment to prosecuting financial crime, stating:
“Ayine should simply declare his fundamental aversion to prosecution of financial crimes against a section of the Ghanaian society, and an appetite for cutting deals in lieu of prosecution.”
Mr. Dame also expressed concern about the government’s failure to appeal adverse rulings, such as in the Beige Bank case, and accused Dr. Ayine of showing little interest in extraditing convicted former public officials like Sedinam Tamakloe Attionu to serve their sentences.
A Call for Transparency and Respect
The statement concluded with a call for an inquiry into the discontinued prosecutions and a veiled rebuke of what Dame described as Ayine’s “condescending” tone towards past Attorneys-General, including Gloria Akuffo.
“All of Ghana’s previous Attorneys-General are Dr. Ayine’s seniors in office. They deserve utmost respect,” Dame wrote.
The intensifying public rift between the two legal chiefs underscores growing political and legal tensions surrounding accountability for Ghana’s banking sector crisis and the direction of financial crime prosecutions under the current administration.
