The Legal Directorate of the National Democratic Congress (NDC) has said that the Attorney General is refusing to apply the ‘reasonable man standard’ in some three high profile cases he is pursuing.

In a statement made available to GhanaWeb, the Legal Directorate of the NDC stated that it is expected that in whatever case the AG is handling, he applies the common sense principle.

The statement added that while the AG has tried to give reasons for pursuing these three cases (Rep. vs James Gyakye Quayson, Rep. vs Dr. Stephen Opuni and others, and Rep. vs Cassiel Ato Forson), majority of Ghanaians see that it is just a case of persecution, not prosecution.

“Before we go into the substance of his Press Release we want to draw our attention to something in the study of law called the "reasonable man standard. This is a standard of measure of the conduct of people using the common sense principle. The question is: would the ordinary mind see what is happening to be reasonable? Is it justified?

“One fact is that people always want to see the common sense in what you are doing and it's on this basis that people can determine what you are about and your intentions.

“So far, every reasonable person out there sees the above three cases as persecution instead of prosecution intended to score political points,” the statement said.

The statement further wondered why the AG is not rather focusing on clearly criminal cases like the one involving Nana Appiah Mensah (NAM1) of Menzgold, particularly when the Bank of Ghana concluded that their activities were fraudulent and for which the company was shut down.

It added that rather, the AG has decided to use the three high-profile cases currently targeted at some NDC affiliated people, to sway the attention of Ghanaians from prosecuting the right people whose actions have affected many Ghanaians.

“We were all in this country when the Bank of Ghana (BOG) claimed that it had conducted investigations into a company called Menzgold owned by one Nana Appiah Mensah aka NAM1. Fast forward, this company was shut down by the Security and Exchange Commission of Ghana in September 2018 leading to excruciating losses to numerous Ghanaians running into the thousands who have invested there. The alleged grounds for shutting down his business is that he was operating without the requisite licences in addition to the fact that he was engaging in a Ponzi scheme.

“Ponzi schemes are fraudulent schemes all around the world and when they are uncovered swift action is taken to protect investors, the operators are quickly prosecuted, assets are sold and recovered investments are returned to its unsuspecting customers who have been lured to invest there.

“Unfortunately, in Ghana and under the watch of the present Attorney General, a pretentious prosecution is ongoing to fool the masses to think something is being done when in actual fact the accused person is enjoying himself at the expense of its customers many of whom have died at the hands of this very same AG and NPP government but the AG has seen nothing wrong with such a delayed prosecution,” it added.

Read the full statement below:

LEGAL AFFAIRS DIRECTORATE

RESPONSE TO THE PRESS RELEASE OF THE HONOURABLE ATTORNEY GENERAL

GODFRED YEBOAH DAME.

The Legal Directorate of the NDC have seen and read a Press Statement from the Hon. Attorney General (AG) expressing his sentiments about reactions to all the high-profile political prosecutions he's undertaking.

The cases in point which he refers to are the following:

1. Rep .V James Gyakye Quayson

2. Rev. V Dr. Stephen Opuni and others

3. Rep. V. Carssiel Ato Forson.

Before we go into the substance of his Press Release we want to draw our attention to something in the study of law called the "reasonable man standard."

This is a standard of measure of the conduct of people using the common sense principle.

The question is: would the ordinary mind see what is happening to be reasonable? Is it justified?

One fact is that people always want to see the common sense in what you are doing and it's on this basis that people can determine what you are about and your intentions.

So far, every reasonable person out there sees the above three cases as persecution instead of prosecuton intended to score political points.

The AG may want to use whatever legal gymnastics to try to make it look as if these prosecutions are so legally, factually and sufficiently evidence-based but to the ordinary observer who has followed all that has gone on, knows, this is no prosecution at all but persecution.

So, the AG, Godfred Yeboah Dame, can try to "spin" the law, even on appeal, to get favourable decisions but every reasonable observer can read between the lines.

We are happy the AG understands, appreciates, and sees the need for freedom of speech and we hope that his expressions on freedom of speech

in his Press Release is something he truly believes in and not just mere expressions on paper.

Freedom of speech is a guaranteed right in our constitution and we know that a lawyer in good standing so far, he would ensure that that right of every person in Ghana is respected.

It has been said that he's engaging in selective justice and whilst on one hand he claims in his Press Release that discrimination of all kinds are abhorred by

our constitution, little has been done so far by him to demonstrate that indeed he's not engaged in selective justice.

One would have thought that a case like Menzgold would have been long concluded so that all the many Ghanaians who look up to him as the AG of Ghana and who are the suffering customers of Menzgold, would have taken steps to ensure a speedy trial of any crime allegedly committed by Nana

Appiah Mensah so that his suffering customers would receive justice because they must also be treated equally without discrimination in the delay of their case.

We were all in this country when the Bank of Ghana (BOG) claimed that it had conducted investigations into a company called Menzgold owned by one Nana Appiah Mensah aka NAM1. Fast forward, this company was shut down by the Security and Exchange Commission of Ghana in September 2018 leading to excruciating losses to numerous Ghanaians running into the thousands who have invested there.

The alleged grounds for shutting down his business is that he was operating without the requisite licences in addition to the fact that he was engaging in a Ponzi scheme.

Ponzi schemes are fraudulent schemes all around the world and when they are uncovered swift action is taken to protect investors, the operators are quickly prosecuted, assets are sold and recovered investments are returned to it's unsuspecting customers who have been lured to invest there.

Unfortunately in Ghana and under the watch of the present Attorney General, a pretentious prosecution is ongoing to fool the masses to think something is being done when in actual fact the accused person is enjoying himself at the expense of it's customers many of whom have died at the hands of this very same AG and NPP government but the AG has seen nothing wrong with such a delayed prosecution.

No one speaks for the customers in Ghana and no one in government is taking the serious steps that other civilised nations take to ensure customers of such scams are reimbursed or restored.

Such injustice has been ongoing since September 2018 spanning a very long period of five (5) years with the customers crying and wailing unto the death ears of the AG.

So far even the advice that is supposed to be given by the AG to pave the way for the criminal prosecution of NAM1 has not been sent for prosecution to start since the past 5 years.

Honestly, the time spent to prepare and issue the Press Release could have been better used to prepare the advice to the police so they can quickly start the trial in the NAM1 case.

Same can be said in the Ahmed Suale case, J. B. Danquah case, etc which have all crawled as if they attract no form of importance and undeserving of justice or equality before the law.

Interestingly, and under very flimsy excuses and in an orchestrated trial, the AG sees the need to pray for a daily trial in the name of politics but at the expense of the rights of Mr. Gyakye Quayson a citizen of Ghana who has done nothing compared to the case of NAM1.

The question is, is Hon Gyakye Quayson equal before the law? Does he deserve justice? Does he deserve a fair trial? Which principles of law apply to Opuni case, Gyakye Quayson case, and Cassiel Ato Forson case that can't apply to the Ahmed Suale case, Major Mahama case, J. B. Danquah case, Menzgold case, etc?

Truth is, we need no Press Release from him telling us about equality before the law, discrimination, freedom of speech, etc. Action speaks louder than words.

Very prominent and eminent personalities in Ghana have spoken and advised the AG to discontinue the Gyakye Quayson case and we hope he would listen.

The election results from Assin North is a resounding victory and a message

from the people of Assin North to the NPP that it is Hon Gyakye Quayson they want and this message, despite all the machinations of the NPP in Assin North, is like an egg in the face of the NPP, thus, we expect the AG to listen to the good advice of the eminent Domaahene, the two former AGs of Ghana Hon. Ayikwei Otoo and Hon. Marietta Brew who have all spoken and advised their

younger brother Godfred Yeboah Dame to stop the prosecution before he gets more eggs in his face.

To borrow the word "suffering" from the Vice President Dr. Bawumia when he was busily campaigning against the NDC and went on a singing spree...tailors are sufferings, market women are suffering, nurses are suffering, plumbers are suffering.....everybody is suffering.

On this suffering note, we would also say:

Menzgold customers are suffering, The family of late Major Mahama are suffering, Ahmed Suale is suffering...J. B. Danquah is suffering...And on the other hand...Opuni is suffering...Gyakye Quayson is suffering....Cassiel Ato Forson is suffering...

We also want speedy trial in the Menzgold, Ahmed Suale, Major Mahama and J. B. Danquah cases and on this basis can they kindly also apply for daily trials in these cases too?

Justice must be seen to be pursued and done to all manner of persons and in all cases.

-SIGNED-

Legal Directorate, NDC

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