The discontinuation of several high-profile criminal cases by the Attorney-General’s Department has sparked public debate, but the Minister for Government Communications, Felix Kwakye Ofosu, says the process has been marked by an unusual level of openness.
His comments follow the Attorney-General’s formal entry of a nolle prosequi, which brought to a close the criminal trial involving former Finance Minister Dr Kwabena Duffour and seven others, a case connected to Ghana’s financial sector clean-up.
In a statement issued on Tuesday, 22 July 2025, and signed by Deputy Attorney-General Dr Justice Srem-Sai, the department explained that the decision was taken after the accused persons met a key condition set by the State — the recovery of at least 60 per cent of the alleged financial losses.
Speaking on JoyNews’ AM Show on Monday, Mr Kwakye Ofosu said what set this decision apart was not merely the legal outcome, but the Attorney-General’s willingness to publicly justify his actions.
“For the first time, an Attorney-General has openly stated the reasons for issuing a nolle prosequi. That level of transparency deserves commendation,” he said.
He explained that Ghanaian law does not require the Attorney-General to explain why a case is discontinued, either to the courts or to the public. Despite this, Dr Dominic Akuritinga Ayine chose to voluntarily address the nation through two separate press conferences, outlining the legal and factual basis for his decisions.
According to Mr Kwakye Ofosu, that step demonstrated a strong commitment to accountability and openness, particularly in cases that attract intense public scrutiny.
“The same laws that empower the Attorney-General to investigate and prosecute also allow him to discontinue a case if it lacks merit or cannot be reasonably pursued. Explaining that choice publicly reflects a commendable approach to governance,” he said.
The minister argued that this level of disclosure helps strengthen public confidence in the justice system, especially in politically sensitive cases, and sets a new standard for how prosecutorial discretion can be exercised transparently.
