Kumasi, Ghana- By: Evans Osei-Bonsu
Ghana’s Attorney-General has formally discontinued the prosecution of Dr. Kwabena Duffuor and seven others in a case that has stood as one of the most high-profile legal actions stemming from the government’s sweeping financial sector clean-up.
In a press statement issued today and signed by the Deputy Attorney-General, Hon. Dr. Justice Srem-Sai, the A-G’s office announced the entry of a nolle prosequi in The Republic v. Kwabena Duffuor & 7 Others (CR/0248/2020) — effectively halting further court proceedings.
Reason for the Discontinuation
While acknowledging that the law does not compel the Attorney-General to justify such prosecutorial discretion, the statement emphasized a commitment to transparency. The central justification cited was that the accused persons had met a threshold of recovery previously set by the State.
Specifically, the Office of the Attorney-General, in conjunction with relevant state agencies, had set a benchmark that at least 60% of the alleged losses to the State must be recovered as a precondition to reviewing prosecutions.
The statement further noted that through “prolonged negotiations and engagements,” Dr. Duffuor and the other accused had met this requirement.
In light of the “significant recoveries made for the State,” the Attorney-General concluded that pursuing the case would no longer serve “any additional public purpose.”
Crucially, the A-G’s office stressed that the decision does not amount to a declaration of innocence or wrongdoing. Instead, it was described as a “pragmatic step in line with the overarching national interest of recovering State resources.”
Background to the Case
The case against Dr. Duffuor and others formed part of a wider prosecutorial effort by the State following the financial sector reforms initiated in 2018. These reforms, led by the Bank of Ghana, aimed at sanitizing the financial sector, led to the collapse and consolidation of several banks and financial institutions.
Dr. Duffuor, a former Finance Minister and founder of the now-defunct uniBank, was among several bank executives accused of financial impropriety, mismanagement, and causing financial loss to the State. The prosecutions were intended not only to ensure accountability but also to help recover significant public funds lost through alleged malfeasance.
Over the years, the trial attracted considerable public attention, given Dr. Duffuor’s political stature and the broader implications for financial governance and investor confidence in the country.
In its final position on the matter, the Attorney-General reiterated his office’s unwavering commitment to protecting the public purse, reinforcing the rule of law, and ensuring justice in matters of national importance. “This decision,” the statement concluded, “was taken in furtherance of public interest and does not imply a vindication of any conduct.”
