The Attorney-General and Minister for Justice, Hon. Dominic Akrutinga, has officially entered a nolle prosequi in the case of The Republic v. Kwabena Duffour & 7 Others, effectively discontinuing the prosecution upon recovering undisclosed substantial amount of state funds in contention.
In a statement released on Tuesday, the Attorney-General said while the exercise of prosecutorial discretion does not legally require public justification, the decision to offer an explanation is borne out of a commitment to transparency and accountability.
Dr. Kwabena Duffuor, founder of the now-defunct uniBank, previously held key positions as Ghana’s Finance Minister (2009–2013) and Governor of the Bank of Ghana (1997–2001). In February 2020, he was among several individuals charged with offenses such as theft and money laundering. The case also involved seven other persons including the Governor of the Bank of Ghana, Johnson Asiamah, accused of enabling some of the alleged financial misconduct.
The Prosecutors alleged that Dr. Duffuor knowingly received GH¢663.3 million (around $122 million at the time), which was suspected to have been obtained through criminal activity. UniBank was consequently declared insolvent by the Bank of Ghana in August 2018, following findings that shareholders and affiliates had withdrawn or borrowed approximately GH¢5.3 billion without proper authorization.
Invoking section 54 of the Criminal Procedure Code, 1960 (Act 30), the AG noted that the case was part of a broader set of financial sector prosecutions initiated by the State following the 2018 financial sector clean-up. The government’s aim was to ensure accountability for public funds and recover losses arising from alleged financial improprieties.
According to the Attorney-General, a policy benchmark of 60% recovery of the alleged losses was set as the threshold for reconsidering prosecution in certain cases. The accused in the Duffour case have reportedly met this threshold after prolonged negotiations and engagements with the State.
“In furtherance of public interest and considering the significant recoveries made for the State, I am satisfied that continuing with the prosecution will not serve any additional public purpose,” Akrutinga said.
However, he emphasized that the decision does not amount to a declaration of innocence or an absence of wrongdoing. Rather, it is a “pragmatic step” taken in alignment with the national interest of recovering State resources.
The Attorney-General reiterated his office’s commitment to upholding the rule of law, safeguarding public funds, and ensuring justice in all matters of national concern.
The Attorney-General retains the right to invoke section 54 of the Criminal Procedure Code, 1960 (Act 30), to discontinue a case given such authority under Article 88(3) of the 1992 Constitution to conduct all prosecutions on behalf of the state.