AG's Statement on Atta-Akyea saga

PRESS STATEMENT


Re: “AG Orders Atta-Akyea’s arrest”

By 23rd May, 2011 the Prosecutions Division of my Office had come to the conclusion that the Suspect, Atta-Akyea, should be charged with the offences of stealing and fraudulent breach of trust contrary to the Criminal Offences Act. On 16th June, 2011 a written request was made to me: “We are seeking your consent to prosecute Sir,” The three most senior prosecutors in my office were agreed on this matter. I reviewed the docket and had no reasonable and arguable grounds to disagree with the request. Accordingly, I indicated that: “consent granted as approved ffa” – i. e. for further action. My duty was done as in any criminal case of stealing and the rest was left to the Law Office to deal with as appropriate in accordance with established procedure in these matters.

On 20th June, 2011 I received a petition from Akufo-Addo, Prempeh & Co on behalf of Samuel Atta Akyea, a lawyer and Member of Parliament for Abuakwa South Constituency bringing to my attention “the rather Machiavillian agenda of Mr. Joseph Adom in cahoots with some officers of the Attorney-General’s Department Criminal Prosecution Division, to put improper pressure on our, client, using the sword of criminal prosecution to settle a purely civil matter.” The petition entreated me: “not to permit your high office to be used to pursue an improper motive.” On the same day, I requested the petition to be referred: “to the Director of Public Prosecutions to investigate and report please.”

This was the state of affairs when I left my office on 7th July, 2011 for the National Democratic Congress Conference in Sunyani on 8th July, 2011. I returned to Accra in the evening of Sunday 10th July, 2011 to the Airport and left to the Commonwealth Law Ministers Conference in Sydney, Australia. I returned in the afternoon of Saturday 16th July, 2011.

I first learnt of the alleged arrest of the Suspect and a press conference of the Minority in Parliament accusing me of ordering the arrest from two telephone calls from Joy FM who called my cell-phone on 14th July,2011 in Sydney ( 13th July, 2011 in Ghana) to seek an interview on the alleged arrest. I told the caller I was in Sydney, I did not order any arrest, and I was not in a position to make any comments without the context of the arrest.

I have since my return read a photocopy of the statement issued by the Minority Caucus in Parliament dated 13/07/2011 in this matter. I notice that a basket of issues have been raised and very unsavory comments and remarks made against not only my Office, His Excellency the President by name, but also against the Majority generally. I have also read various versions of this discourse on the internet some of which name and implicate me personally in the arrest of the Suspect because the Republic lost the Yaa Na case in the High Court which was concluded awaiting a ruling before my assumption of duty as


Attorney General. I have further read my Deputy’s rebuttal to the accusations on 15th July, 2011.

I have been briefed by the investigators in the case and I have no reason to doubt their explanation that they eventually arrested the Suspect by appointment when his lawyers accompanied him to the CID Head office as agreed with the investigators who had gone to the Court premises to invite him. I further have no reason to doubt the explanation of the police that they had invited the Suspect who was on police recognizance bail to the police station on a number of previous occasions but he had frustrated them by failing or refusing to honour their invitations. The police took the view that the Suspect had by his conduct breached his bail bond by failing or refusing to report to them on request without any explanation whatsoever. In these circumstances, I cannot fault the exercise of discretion on the part of the police to require substantial surety from the Suspect before admitting him to bail upon his arrest by appointment.

Three out of the five Parliaments including the present Parliament under the Constitution, 1992 have approved my appointment as Minister of the Republic. I am more than experienced in the work of the office of the Attorney General not to direct the arrest of suspects who are already on police inquiry bail. And I normally do not interfere verbally with the exercise of police powers because these are matters which experience shows are not advisable to make in secret.

I have, during my service to this Republic, upheld the rights of all citizens without fear or favour. It may interest the public to know that anybody wanting a reference for how I will handle crime as crime will have no better reference than the Rt. Honourable Speaker of Parliament who was a distinguished Director of Public Prosecutions in this Republic. It is not my style to knowingly undermine the authority of Parliament or any other branch of Government.

For my tenure as Attorney-General, crime will always remain crime, no matter the criminal’s political party colorization. This is the only way the Office of the Attorney General can command the respect of all Ghanaians. The danger of politicizing the Office of the Attorney General in the partisan manner exhibited in this case by the interested parties is clearly not what the Constitution envisaged under Article 88 of the Constitution. I cherish my constitutional oath and I shall abide by it at all times no matter the odds and the threats.




MARTIN A.B.K. AMIDU
(ATTORNEY-GENERAL)
19TH JULY, 2011