Less than one month into office, the Attorney General and Minister of Justice, Dr Dominic Akuritinga Ayine, on behalf of his boss, President John Dramani Mahama, has discontinued criminal proceedings against more than 10 people who were being prosecuted by the erstwhile Nana Addo Dankwa Akufo-Addo government.
The actions of the Attorney General have raised eyebrows with some legal experts, including renowned lawyer, Martin Kpebu, asking Dr Ayine to justify his decision to discontinue the cases.
Some have argued that the discontinuation of the cases, which included cases of former appointees of President Mahama’s first term and political activists who were arrested under the Akufo-Addo government, are politically motivated and not based on merit.
But are these arguments true? Is the Attorney General freeing appointees of Mahama and activists who were being unjustly prosecuted by the Akufo-Addo government, or has he become some sort of clearing agent for Mahama?
Here are some of the cases that Dr Ayine has discontinued so far:
Mahama’s Former deputy finance minister, Dr Ato Forson:
Dr Ayine withdrew an appeal initiated by his predecessor, Godfred Yeboah Dame, against a Court of Appeal ruling that acquitted and discharged Ato Forson and Richard Jakpa of charges related to causing financial loss to the state.
In a Notice of Abandonment of Appeal dated January 23, 2025, Dr Ayine stated that the state had decided not to pursue the matter any further.
On July 30, 2024, a Court of Appeal upheld an appeal on the Financial and Economic Court’s decision by then Minority Leader and former Deputy Minister of Finance, Dr Cassiel Ato Forson.
This followed an appeal in March 2023, when the High Court ordered Dr Cassiel Ato Forson to open his defence after the Attorney General’s office established a prima facie case against him in the €2.37 million ambulance case.
Two others, Seth Anemana, a former Chief Director at the Ministry of Health, and businessman Richard Jakpa, who were on trial alongside Dr Forson, were also directed to open their defences.
Dr Forson, who has now been appointed as Mahama’s Minister of Finance, and the two were accused of willfully causing financial loss to the state, amounting to €2.37 million in the procurement of ambulances that could not be used for their intended purpose.
Mahama’s Former Deputy Governor of the Bank of Ghana, Dr Johnson Asiama:
Attorney General Dominic Akuritinga Ayine has also dropped all the charges against former Deputy Governor of the Bank of Ghana, Dr Johnson Asiama, who was being prosecuted by the previous government.
Dr Asiama, who has now been appointed by President John Dramani Mahama as the Governor of the Bank of Ghana, was being prosecuted for his alleged involvement in the collapse of some banks.
The former deputy governor was charged along with several others on charges including fraudulent breach of trust and money laundering.
He was also charged with conspiracy to commit crime and violations of the Bank of Ghana (BoG) Act since 2020.
Mahama’s COCOBOD CEO, Dr Stephen Opuni:
Dr Ayine has also dropped the case of former Chief Executive Officer (CEO) of COCOBOD, Dr Stephen Opuni; businessman Seidu Agongo, and Agricult Ghana Limited.
Dr Opuni and other persons were facing 27 charges, including defrauding by false pretences, willfully causing financial loss to the state, corruption by public officers, and contravention of the Public Procurement Act.
They were accused of causing financial loss of more than GH¢271 million to the state in a series of lithovit foliar fertiliser transactions.
Dr Opuni, who was CEO under the Mahama government; the Managing Director of Agricult Ghana Limited, a fertiliser manufacturing company; and Agricult Ghana Limited were standing trial for conspiracy to commit crime and procurement breaches.
The prosecution of the case, which had been going on since 2017, saw a lot of twists and turns, with allegations of judges being transferred on the eve of pronouncing their judgments.
Mahama’s works and housing minister, Alhaji Collins Dauda:
The Attorney General has also dropped the case against Alhaji Collins Dauda, a former Minister of Water Resources, Works and Housing, and four others who had been charged with 70 counts of causing financial loss to the state over the Saglemi Affordable Housing project.
Alhaji Collins Dauda, along with Dr Kwaku Agyemang-Mensah, a former Minister of Water Resources, Works and Housing; and Alhaji Ziblim Yakubu, Chief Director at the Ministry for Water Resources, Works and Housing, contributed to the Saglemi Housing deal when it was prepared and signed.
Also implicated are businessman, Andrew Clocanas, Executive Chairman of Construtora OAS Ghana Limited (now deceased), and Nouvi Tetteh Angelo, Chief Executive Officer and owner of Ridge Management Solutions Ghana Limited.
The charge sheet, filed on January 24, 2023, included charges of intentionally misapplying public property and causing financial loss to the state in the $200 million Saglemi Housing Project scandal.
The judge presiding over the case in June 2024 told state prosecutors to take the case out of court if they are not ready to go on with it, after accusing them of delaying the trial.
Former NDC National Chairman, Samuel Ofosu-Ampofo, and Deputy Communications Officer, Kwaku Boahen:
Samuel Ofosu-Ampofo
The government has also dropped all criminal charges against the former National Chairman of the National Democratic Congress (NDC), Dr. Samuel Ofosu-Ampofo, and Anthony Kwaku Boahen.
Both Ofosu-Ampofo and Boahen had been charged with conspiracy to cause harm by the Akufo-Addo government.
They were charged over a leaked audio recording in which Ofosu-Ampofo was allegedly heard plotting to instigate crimes and create unrest in the country to blame the ruling New Patriotic Party (NPP).
The recording allegedly discussed plans such as kidnappings, arson, and verbal assaults on key public figures, including the Chairman of the National Peace Council, Prof Emmanuel Asante; and Electoral Commission Chairperson, Jean Mensa.
Former Director-General of SSNIT, Dr Ernest Thompson:
The case of former Director-General of the Social Security and National Insurance Trust (SSNIT), Dr Ernest Thompson, has also been withdrawn by Mahama’s Attorney General.
Dr Ernest Thompson and three other people were accused of causing financial loss to the state in the implementation of the OBS to provide state-of-the-art pension administration.
According to the prosecution, the contract sum was around US$34 million and SSNIT advertised for bids for the project but awarded it to a consortium which included PBS, although PBS did not partake in the bidding.
The prosecution said Thompson, Juliet and Afaglo caused SSNIT to pay additional money for items which were already covered by the contract. The project, according to prosecution, ballooned to around $66 million.
The former DG, according to the prosecution, made payments which were above his threshold as Director-General of SSNIT. Afaglo, the prosecution said, used fake certificates to gain employment at SSNIT.
Oliver Barker-Vormawor and members of the Democracy Hub:
Some of the members of the Democracy Hub who were being prosecuted
Dr Ayine has also discontinued the case of private legal practitioner, Oliver Barker-Vormawor, and other leading members of the Democracy Hub, including Elorm Ama Governor-Ababio (Ama Governor), who is also a lawyer, as well as media personality, Felicity Nelson.
Barker-Vormawor and the other members of the Democracy Hub were accused of engaging in illegalities during their protest against illegal mining (galamsey), which occurred from September 21 to September 23, 2024, at the 37 Roundabout in Accra.
The protesters were charged with conspiracy to commit an unlawful act, unlawful assembly, causing unlawful damage, offensive conduct conducive to the breach of peace, assault on a public officer, and defacement of public notice.
The arrests of the demonstrators made international news headlines after the state refused to grant them bail and kept them in cells for nearly three days.
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