The Attorney-General, Dr. Dominic Akuritinga Ayine, has officially ended the prosecution of Dr. Kwabena Duffuor and seven others involved in a high-profile financial case by filing a nolle prosequi, a legal declaration halting the trial.
In a statement obtained by masemtvgh, the Attorney-General cited his constitutional authority under Article 88(3) of the 1992 Constitution, which grants him discretionary powers to initiate or terminate criminal proceedings.
Although not legally obligated to provide reasons for such a move, Dr. Ayine explained that, in the interest of transparency and public accountability, it was important to clarify the decision.
“This case was part of a broader wave of prosecutions following Ghana’s financial sector clean-up. The ultimate goal has been twofold: to enforce accountability and, more critically, to recover funds lost to the State through alleged financial malpractice.”
To that end, the Attorney-General’s office—working in collaboration with relevant state agencies—set a 60% recovery benchmark as the threshold for determining the viability of continuing prosecutions.
Following what the statement described as “significant recoveries made for the State,” the Attorney-General concluded that proceeding with the case would no longer serve a substantial public purpose.
The decision to discontinue the case is characterized as strategic and pragmatic, driven by the overarching national interest in retrieving public funds, rather than securing convictions at all costs.
Importantly, Dr. Ayine clarified that the move should not be interpreted as proof of innocence.
“This does not imply an absence of wrongdoing or an endorsement of any conduct,” the statement emphasized. “It is a practical decision focused on maximizing financial recovery for the nation.”
The decision marks a significant development in Ghana’s post–financial clean-up legal strategy, suggesting a shift in emphasis from prosecution to efficient restitution.
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