The Member of Parliament for Bekwai Constituency, Ralph Poku-Adusei, has called on the Attorney General and Minister of Justice, Dr Dominic Ayine to provide clear reasons for discontinuing the criminal prosecution of Dr. Kwabena Duffuor and others, citing a conflict of interest and a breach of due process.

Speaking to the media in Parliament on Monday, July 28, 2025, Poku-Adusei criticised the Attorney General’s decision, arguing that it undermines the rule of law and sets a dangerous precedent in Ghana’s democracy.

He expressed concern over the Attorney General’s failure to recuse himself from the case, noting that the AG had previously represented one of the parties as a defense lawyer, fiercely arguing their innocence.

“Now, as Attorney General, with the world watching, he deems it fit to adjudicate this case and decide against prosecution. This mirrors the same outcome he advocated for as a defense lawyer, raising questions about whether his decision truly serves the state’s interest or is driven by personal affiliations,” he stated.

He urged the AG not to set such a precedent, warning that it could erode public trust in the justice system.

The MP highlighted that multiple prosecutions have been discontinued in recent times, including a case involving the current Governor of the Bank of Ghana at the time of his appointment.

“This is not a precedent we should accept in a country that has progressed this far in democracy,” he said.

He emphasised that the Attorney General, who is held in high esteem, must not assume his decisions will go unquestioned.

“We demand that he provide clear reasons for his actions, which is the basis for this press conference,” Poku-Adusei added.

Addressing arguments that the Attorney General is entrusted to evaluate evidence and decide which cases to prosecute, Poku-Adusei, who is also a private legal practitioner, stressed that in cases of financial crime against the state, transparency is paramount.

“While there may be no legal obligation to offer an explanation, good conscience and moral responsibility demand that he justify his decisions to the ordinary Ghanaians who entrusted him with this office,” he said.

He noted that the AG, as both a Member of Parliament and Attorney General, carries the confidence of the nation and must prove he earned his position on merit.

Poku-Adusei further criticised the AG for failing to amend the charges in the case, despite evidence suggesting stealing or misappropriation.

“The Attorney General inherited a brief where the accused were not charged with stealing. If the evidence today suggests stealing, his first action should have been to amend the charges to include it, not to exploit the absence of such a charge to negotiate a settlement,” he said.

He described the AG’s decision to negotiate payments—reportedly 60% or 20% of the disputed amount—as shortchanging Ghanaians and undermining the rule of law.

“We will not allow such a precedent to take root in this country,” Poku-Adusei declared.

The Bekwai MP reiterated the Minority’s commitment to holding the Attorney General accountable, including taking legal action to challenge Dr Ayine's decision.

Background

In February 2020, Dr. Kwabena Duffuor, former Finance Minister, his son Kwabena Duffuor II, and six others faced 68 charges, including theft and money laundering, linked to the collapse of uniBank.

The charges stemmed from the alleged withdrawal of over GH¢5.3 billion without due process during Ghana’s 2018 financial sector clean-up. On July 22, 2025, Attorney General Dr. Dominic Ayine discontinued the case, citing recovery of over 60% of the funds (over GH¢835 million) through negotiations, meeting a threshold for halting prosecution.

Dr Ayine justified the discontinuation, stating that recovering significant funds was in the public interest, avoiding the risk of acquittal due to weak evidence.

However, his decision has been heavily criticised by the Minority in Parliament and members of the opposition New Patriotic Party.

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