Source:tolonradio.com/Baba Issahaq Mohammed
The Attorney General has discontinued prosecutions against several high-profile individuals, invoking Section 59 of the Criminal Offences (Procedure) Act, Act 30. This legal provision allows the state to withdraw charges either before or after the prosecution closes its case, with different consequences—discharge if withdrawn early, and full acquittal if dropped after the prosecution’s case is closed.
While the decision provides relief for the accused, it has also raised concerns about prosecutorial discretion, political influence, and the broader implications for similar cases still in court.
Key Cases Affected
Dr. Stephen Opuni & Seidu Agongo (COCOBOD case) – Accused of causing financial loss to the state through a fertilizer procurement deal. The prosecution had closed its case, and Opuni had completed his defense, while Agongo was still presenting his. Their acquittal ensures the case cannot be revived.
Dr. Johnson Asiama (Banking sector collapse cases) – Charged about the failure of UT Bank and UniBank, but charges have now been dropped.
Samuel Ofosu Ampofo (alleged leaked tape case) – The state has abandoned its case against him.
Dr Cassiel Ato Forson & Richard Jakpa (Ambulance procurement case) – The state has withdrawn its appeal against their acquittal.
Private legal practitioners, including Moses Baafi Acheampong, argue that these cases lacked merit from the start and that the withdrawals confirm the accused were wrongly prosecuted.
The opposition National Democratic Congress (NDC) has long claimed these prosecutions were politically motivated, a sentiment reinforced by their discontinuation.
Legal analyst Justice Abdulai warns that while the cases have been dropped, this does not entirely rule out future prosecution should new evidence surface.
The withdrawals have prompted speculation about the fate of other politically exposed persons still on trial, including Dr. Kwabena Duffuor (UniBank case) and Prince Kofi Amoabeng (UT Bank case). Legal observers suggest the Attorney General may review more cases in the coming months.
Beyond individual cases, the move highlights ongoing concerns about prosecutorial independence, due process, and the handling of financial crime cases in Ghana. The extent to which political considerations influence high-profile prosecutions remains a critical issue in the country’s justice system.
