THE INITIAL FAILINGS OF GHANA’S NEW ATTORNEY-GENERAL?

            THE INITIAL FAILINGS OF GHANA’S NEW ATTORNEY-GENERAL?

‘I know of no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them but to inform their discretion'- Thomas Jefferson.

‘Everything is permissible (allowable and lawful) for me; but not all things are helpful (good

for me to do, expedient and profitable when considered with other things). Everything is

lawful for me, but I will not become the slave of everything or be brought under its power’– 1 Corinthians 6:12 (AMP).

Dr. Basabasa: Good to see Prof. Nkwantabisa and Opanin Wisdom. I have a lot on my mind to discuss  with both of you. President Mahama has now appointed 26 Ministers of State and 16 Regional Ministers, making it a total of 42 ministers. A number of deputy ministerial positions are yet to be approved by Parliament. Prof., what is your initial assessment of these ministers?

Professor Nkwantabisa: I am still reading the profiles and visions of some of the appointees. I have also been observing the initial utterances and actions of some of them since they assumed office. Generally, I think the ministers for Finance, Education, and Energy and Green Transition should bear in mind that significant number of Ghanaians are already aware of the challenges bedevilling their ministries hence there is no need crying over spilt milk. Ghanaians are more interested in pragmatic measures geared towards alleviating their plight. This is not the time for lamentations, political jabs and sensationalism.

Dr. Basabasa: Prof., what about the new Attorney-General & Minister of Justice (Hon. Dominic Akuritinga Ayine)? I am very interested in your initial assessment of him.

Professor Nkwantabisa: Yes, I have read and heard a number of statements from him. Key among his statements border on Operation Recover All-Loot (ORAL), operationalisation of the Tribunal system in the judiciary, and a number of nolle prosequi he has filed and defended. So far, I am not impressed.

Opanin Wisdom: What is nolle prosequi Prof?

Professor Nkwantabisa: It simply means a decision by the prosecution to abandon, discontinue or withdraw a criminal case. It is an unwillingness to further pursue a case against an accused person. When the prosecution or a state attorney files a nolle prosequi it means the state is no longer pursuing criminal charges proffered against an accused person. Consequently, the relevant court will usually discharge the accused person.

Dr. Basabasa: I would be grateful if both of you could share your thoughts on the nolle prosequi filed by Dr. Dominic Ayine in a number of public interest cases including that of the Cocobod, Saglemi Housing Project, Bank of Ghana, and Dr. Cassiel Ato Forson (the new Finance Minister). It seems to me that the beneficiaries of these discontinuance or withdrawals are politically exposed persons or persons affiliated to the National Democratic Congress.

Professor Nkwantabisa: Dr., the Attorney-General is legally empowered to file nolle prosequi in any criminal case. He is not bound in law to outline reasons for his decision. It is a discretionally power, the exercise of it must align with the principles of probity and  accountability, justice and transparency. While Dr. Dominic Ayine may be commended for explaining and justifying the basis of his decision, I think the whole exercise is not necessary. It is also not a priority. The optics do not look good on President Mahama’s government.

Dr. Basabasa: Exactly Prof! Why the rush? Are these withdrawals the most important decisions to be made by the new Attorney-General? What happened to all the miscreants who went their way fomenting troubles, attacking officials and other members of the public, and looting national resources during and after the 2024 General Elections? Ghanaians would have been happier if the new Attorney-General briefed them about the steps his office has taken concerning these criminal activities. Is it the case that the new Attorney-General is not interested in prosecuting these miscreants?

Opanin Wisdom: I am not convinced with the explanations offered by the new Attorney-General. He, for instance, claims that the trial of Dr. Cassiel Ato Forson was politically motivated and that there was no basis to continue with the prosecution. My humble response is that for the sake of good faith, good conscience and credibility; the minister ought to have tread more cautiously. Hon. Ato Forson and his lawyer have the right to file submission of no case for the court to determine whether there is a legal basis for his prosecution. Why did the minister only discontinue cases involving political figures and members of the National Democratic Congress? Are they the only pending criminal cases in Ghana?

Dr. Basabasa: The new Attorney-General also claims that good conscience could not permit him to continue with the prosecution of those cases. My response is that he needs not prosecute those cases personally and that the cases could have been assigned to other fair-minded prosecutors. Will the new Attorney-General have the moral backbone and good conscience to prosecute any appointee of Ex-President Akufo-Addo’s administration or any member of the New Patriotic Party? If yes, will he file nolle prosequi in any of those cases if they are described by his opponents as politically motivated and witch-hunt?

Opanin Wisdom: I think this issue has ignited a dispassionate call to look into prosecution of politically exposed persons by the Attorney-General and Minister of Justice. The state of affairs leaves rooms for abuse of discretionary powers. The ongoing constitutional review processes should nip the matter in the bud.

Professor Nkwantabisa: The good news is that crime has no expiry date and truth never gets rotten. I am sure these cases may resurrect in future when there is a change in administration. Until then the ugly image of the discontinuance of these cases will form part of the things that will leave negative scars on President Mahama’s second administration.

Richard Obeng Mensah, author of Daily Wisdom. The writer is an award-winning prolific author of 9 books, and over 250 articles and op-eds on legal and non-legal themes. The writer is a Fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi-Ghana. He is a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger. The writer is also a Chevening Scholar and a scholar of ALI-incubator.

Email: richardobengmensah@gmail.com

Mobile: +233 (0)246 556 774.

Blog: https://richard-obeng-mensah.blogspot.com/?m=1

Google scholar link: https://scholar.google.com/citations?user=zh3DbrkAAAAJ&hl=en

Publication History: 

Authored on 03-05/03/2025 and published on the author’s blog and Myjoyonline.com on 05/03/2025.

Acknowledgement: 

The writer appreciates the critiques and valuable comments of his Editorial Team to this writeup. He however holds the sole responsibility for the content of this write-up.

References:

1. MyNewsGh.com, ‘Maximum respect! -Samson Lardy commends AG for explaining case

withdrawals’ [GhanaWeb, 13 February 2025] >

https://mobile.ghanaweb.com/GhanaHomePage/NewsArchive/Maximum-respect-

Anyenini-commends-AG-for-explaining-case-withdrawals-1971295# < Accessed 4

March 2025.

2. GNA, ‘Attorney-General defends decision to discontinue Ato Forson’s trial’ [GhanaWeb,

13 February 2025] >

https://mobile.ghanaweb.com/GhanaHomePage/NewsArchive/Attorney-General-defends-

decision-to-discontinue-Ato-Forson-s-trial-1971298# < Accessed 4 March 2025.

3. Judy Assisted Research, ‘Nolle prosequi’ >www.judy.legal/case/republic-v-adu-

kwabena-b13fa< Accessed 4 March 2025.

CRITIQUES OF PRESIDENT MAHAMA’S OPERATION-RECOVER-ALL-LOOT

CRITIQUES OF PRESIDENT MAHAMA’S OPERATION-RECOVER-ALL-LOOT

‘Integrity, respect, compassion, and fairness become obstacles to people who think winning is everything’ – Michael Josephson.

‘To be persuasive we must be believable; to be believable we must be credible; credible we must be truthful’ – Edward R. Murrow.

Professor Nkwantabisa: Good day Mr. Abroenye. I thought you have returned to the States.

Mr. Abroenye: Good day Prof. I will go back soon. It is good to see you. I had in mind contacting you to hear your views on whether President Mahama’s actions and decisions so far give some assurance of hope and seriousness.

Professor Nkwantabisa: I admire you for the fact that though you are not a partisan politician you are always concern of the governance and welfare of Ghana. Your concern is a thoughtful one because one can discern the seriousness or otherwise of a person by observing that person’s initial actions and decisions. I will say it is too early to give a verdict on President Mahama’s initial actions and decisions. Nonetheless, he appears to be fairly serious judging from some of his initial actions and appointments. His inaugural speech was, for instance, spiced with maturity and hope.

Dr. Basabasa: Are you really sure Prof? I do not agree with you. I am wondering whether you have, for instance, seen or read his press release on the Operation-Recover-All-Loot (ORAL) Committee?

Professor Nkwantabisa: Yes, I have. ORAL is Mahama’s anti-corruption agenda which seeks to make corruption costly and severely punish perpetrators of corruption. It also seeks to recover looted funds and assets for national development. Accountability and the fight against corruption is one of the main focus areas of Mahama’s new presidency.

Opanin Wisdom:  Dr. Basabasa, why are you laughing at Prof?

Dr. Basabasa: I am laughing because Prof. seems to be oblivious of the fact that many leaders in Ghana are good at talking or putting documents together or setting-up committees but the effective implementation of such documents or execution of the mandate of such committees eventually becomes a mirage. A closer study of the political history of this nation will reveal that ORAL is just another political package to excite many Ghanaians but will most likely deliver little or no results. Do you remember what Ex-President Akufo-Addo said during his inaugural speech? Was he able to protect the public purse and severely deal with the perceived corrupt officials who treated public office as money-making machines? You see he gave Ghanaians so much hope but his tenure ended on a note of total disappointment. His last State of Nation Address fell short of any good record of having seriously tackled corruption during his eight-year tenure. I would like to be in the shoes of a doubting Thomas until I see real results delivered by ORAL.

Opanin Wisdom: We should at least give ORAL the benefit of doubt and hope that it will succeed. The concept of ORAL is a laudable one and should be applauded. My main concern is with the ORAL Committee. I have read and heard that the committee’s main function is just to receive information about corruption from Ghanaians, assess them and subsequently forward them to the requisite lawful bodies and institutions for possible prosecutions. Its main work thus evidence gathering. I am aware of legitimate questions about the legal basis of the committee. Beyond the legalities, it seems to me that the work of the committee will create needless bureaucracy. I think we should rather think of pragmatic approaches and systems that will encourage Ghanaians and other residents to report alleged corrupt conducts to the relevant bodies or institutions directly. Relevant incentive and safety mechanisms should also be put in place. Besides, we need to implement existing legal provisions that empower, encourage and protect whistle-blowers of the ills in Ghana. We need to also focus on strengthening the work of anti-corruption bodies and institutions. Democracy and accountable governance thrive on strong state institutions, not politically motivated committees.

Mr. Abroenye: I share in the views of Opanin Wisdom. Another key concern with ORAL is that it appears to target officials of Akufo-Addo and Bawumia led Government. While this perceived target in itself is not wrong; it raises legitimate questions about the credibility of ORAL. To demonstrate more seriousness, ORAL should begin from the Mills-Mahama led Government. President Mahama should also subject his previous administration to ORAL to demonstrate to Ghanaians that he is in real business. I am looking forward to see how President Mahama will deal with allegations of corruption against persons in his new Government. True charity begins from a person’s home.

Dr. Basabasa: Exactly, Mr. Abroenye. Crime has no expiry date hence the need to extend the boundaries of ORAL to previous administrations other than just targeting that of Akuffo-Addo. My biggest concern with the ORAL Committee is its core function. Is the committee going to gather rumours, suspicions and hearsays? It is a common knowledge that multitudes of rumours and suspicions do not constitute evidence in law. Hearsay testimonies are also usually subjected to high legal standards before they can become evidence. The ORAL Committee is needless if its main work is evidence-gathering because its work will be limited and be frustrated because of its lack of requisite legal capacity. Is it the case that the existing anti-corruption bodies and institutions are unable to gather evidence to stir their prosecutorial mandates? Will a partisan committee, such as the ORAL Committee, be able to do a better job than legally established state institutions? One of the main reasons for Ghana’s failure to fight corruption is lack of true political will and political interferences in the work of anti-corruption bodies and institutions. I think the Office of the Attorney-General and the Ministry of Justice has been failing in dealing with suspected corruption cases because of political colours. I also believe the Office of the Special Prosecutor (OSP) is almost becoming a white-elephant in its anti-corruption mandate if urgent steps are not taken to salvage its sinking image. As for the Economic and Organised Crime Office (EOCO), the less said about it the better. It is high time we did forensic audit of these institutions to diagnose the challenges frustrating their core mandates. We should focus on how to strengthen these institutions and other existing bodies to enable them deliver tangible results rather than creating committees. Despite the various spirited-defences that were marshalled for the establishment of OSP, a number of Ghanaians remain unconvinced as to whether it has truly lived up to expectations.  Let’s not deceive ourselves into thinking that a cat will be fiercer than a lion.

Professor Nkwantabisa:  said Dr. The ORAL Committee is definitely not fiercer than EOCO and OSP. However, I believe EOCO, OSP and other like-minded institutions and Civil Society Organisations (CSOs) can be empowered to ride on the wheels of the concept of ORAL to do better job in this new era.

Opanin Wisdom: In addition to what Prof. has just said, I think ORAL should be clothed with fairness, integrity and credibility. There is no need for rushing the implementation of ORAL because of a political victory. Its implementation should be driven by soberness, meekness, thoughtfulness, truthfulness, lawfulness and more seriousness.

Richard Obeng Mensah, author of Daily Wisdom. The writer is an award-winning prolific author of 9 books, and over 250 articles and op-eds on legal and non-legal themes. The writer is a Fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi-Ghana. He is a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger. The writer is also a Chevening Scholar and a scholar of ALI-incubator.

Email: richardobengmensah@gmail.com 

Mobile: +233 (0)246 556 774. 

Blog: https://richard-obeng-mensah.blogspot.com/?m=1 

Google scholar link: https://scholar.google.com/citations?user=zh3DbrkAAAAJ&hl=en 

Publication History: Authored on 06/01/2025 and published on the author’s blog on 08/01/2025.  

 

Acknowledgement: The writer appreciates the critiques and valuable comments of his Editorial Team to this writeup. He however holds the sole responsibility for the content of this write-up.