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Lawyer Questions Withdrawing Charges, Warns of Political Immunity | News Ghana

Published 1 month ago3 minute read
Nana Agyei Baffour Awuah

In a passionate address on Asaase Radio, Awuah posed a simple yet piercing question: “If you can’t prosecute members of your own party, who else will you prosecute?”

Awuah’s remarks come in the wake of a series of high-profile withdrawals. The Mahama administration recently dropped charges against the former NDC National Chairman, Samuel Ofosu-Ampofo, and Anthony Kwaku Boahen. In a related move, charges against former Chief Executive of the Ghana Cocoa Board, Dr. Stephen Kwabena Opuni, businessman Seidu Agongo, and Agricult Ghana Limited were also dismissed by the High Court after a notice of withdrawal was filed by state prosecutors on January 28, 2025. The legal setbacks extended further when Attorney General and Minister of Justice Dominic Akuritinga Ayine abandoned an appeal that sought to challenge the Court of Appeal’s decision acquitting Ato Forson and Richard Jakpa over allegations of causing financial loss to the state. Ayine’s formal notice, issued on January 23, 2025, signaled that the state would not pursue the matter further.

The list of dropped cases also includes the withdrawal of all charges against Johnson Asiama, the former Deputy Governor of the Bank of Ghana, who, along with several others, had been facing serious allegations including fraudulent breach of trust and money laundering since 2020. Awuah was quick to underscore the broader implications of these decisions. “If you are the Attorney General, you are also the Minister of Justice, responsible for ensuring the well-being of all Ghanaians,” he argued. “Even if you believe a case lacks merit, you owe the public a detailed explanation, especially considering the facts, the high public interest, and the potential consequences of these actions.”

The lawyer expressed concern over what he sees as a dangerous precedent. “You withdraw the charges and the very next day one of the accused is made the governor. What country are we building?” he questioned. Awuah warned that such actions not only undermine public trust in the justice system but also risk creating an environment where political affiliation becomes a shield against accountability. “Are we suggesting that members of a political party are now immune to prosecution? This is an affront to the rule of law,” he declared.

Critics of the decision point out that the NDC’s own campaign on fighting corruption, which included the establishment of Operation Recover All Loots (ORAL), now appears to be at odds with its actions in office. Awuah’s critique resonates with those who fear that partisan interests might be overriding the pursuit of justice, leaving the public with little insight into the rationale behind the withdrawals. Observers note that transparency in prosecutorial decisions is essential, especially when high-profile figures are involved and when such actions could erode the integrity of legal institutions.

The unfolding controversy has sparked broader debate over the balance between political loyalty and the imperative for an impartial justice system. As the public demands clarity, the onus is now on the Mahama administration to explain whether these decisions signal a shift towards selective accountability—a development that many believe could have far-reaching consequences for Ghana’s legal and political landscape.

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