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AG’s decision to drop Duffour case sparks minority outcry

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The Minority in Parliament is demanding urgent scrutiny of the Attorney-General’s decision to terminate criminal proceedings against Dr. Kwabena Duffuor and seven others. They argue that the move raises serious legal concerns and risks eroding public confidence in the country’s justice system.

At a press conference held in Parliament today, the Minority expressed alarm over the invocation of nolle prosequi—a legal instrument that permits the state to withdraw charges—warning that the action could have far-reaching implications for Ghana’s anti-corruption efforts and commitment to accountability.

The press conference was held in response to a statement issued by the Deputy AG on July 22, 2025, justifying the decision to halt prosecution in the high-profile case related to the collapse of UniBank during the 2018 financial sector clean-up.

“This decision calls for serious scrutiny,” said Ranking Member of the Constitutional and Legal Affairs Committee, Kwame Ayimadu-Antwi. “We intend to lay bare the circumstances to help Ghanaians appreciate its far-reaching implications.”

In the official statement, the AG’s office claimed the accused had met a threshold of 60 percent recovery of state losses, making further prosecution unnecessary. The AG described the move as a “pragmatic step in line with the overarching national interest of recovering State resources,” while affirming that it did not equate to a declaration of innocence.

However, the Minority argued that this reasoning lacks both legal grounding and transparency.

According to the Minority, investigations following UniBank’s collapse uncovered GH₡ 5.7 billion in missing depositors’ funds. They allege that these funds were misappropriated through transfers to related entities, leading to UniBank’s insolvency.

Criminal charges, including fraudulent breach of trust and money laundering, were subsequently brought against Dr. Duffour and others.

The Minority posed some questions to the AG, demanding answers on the following Conflict of Interest (CoI) involving Dr. Dominic Ayine; legal basis for dropping the case; legality of the 60:40 recovery threshold; contravention of existing legal provisions and among others.

To this end, the Minority called on various institutions and citizens to hold the AG accountable. Parliament’s Select Committee on Constitutional, Legal and Parliamentary Affairs, they said, should summon the AG for public questioning.

“The General Legal Council and Ghana Bar Association should investigate potential breaches of legal ethics. Civil society, clergy, and traditional leaders should resist what they see as the politicisation of justice.”

They also issued a warning that, “If the decision is not reversed within a reasonable time, the Minority will consider taking the matter to court to challenge the AG’s decision in its entirety,” the group announced.

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