A-G defends his decision to discontinue the prosecution of Dr. Kwabena Duffuor

Attorney-General and Minister for Justice, Dr. Dominic Akuritinga Ayine, has explained his decision to end the criminal prosecution of former Finance Minister Dr. Kwabena Duffuor and others linked to the UniBank case. He said the move was part of a broader strategy focused on recovering state assets without relying solely on convictions.

Speaking at the Government Accountability Series briefing, Dr. Ayine announced that on July 22, 2025, the state filed a nolle prosequi in the case of The Republic vs. Kwabena Duffuor and Seven Others, officially bringing the trial to a close.

He stated that the decision came after months of discussions between state prosecutors, UniBank’s Receiver, and legal counsel for the accused persons.

The case had initially cited GH¢5.7 billion in financial exposure to the state. However, after a reconciliation process, the figure was adjusted to GH¢3.3 billion, removing GH¢2.1 billion in fictitious accounting entries and excluding GH¢300 million invested with Unisecurities, which is under liquidation by the Securities and Exchange Commission.

As part of a negotiated deal, the accused offered a structured recovery plan amounting to GH¢2 billion. This plan includes:

GH¢824 million in landed property already transferred to UniBank’s Receiver;

Support in recovering GH¢1.2 billion from third-party beneficiaries;

A commitment to cover any shortfalls from asset sales.

According to Dr. Ayine, GH¢500 million of the GH¢1.2 billion has already been recovered, with the remaining amount expected within 18 months.

He said although recovering the entire amount in cash would have been ideal, the settlement presents a more realistic and faster recovery route compared to lengthy court battles. The process will be monitored by his office, the Bank of Ghana, and the Ministry of Finance.

Responding to criticism that the accused were allowed to retain part of the funds, Dr. Ayine rejected the claims.

He clarified that the charges were not for stealing public funds, but for causing financial loss and falsifying records.

“The evidence did not establish that any of the accused personally enriched themselves,” he said.

He also pointed out the challenges in recovering funds through trials alone, referencing the Bej Capital case where a GH¢10 million offer was declined, and no funds were ultimately recovered.

Dr. Ayine cited existing legal frameworks like Section 35 of the Courts Act (Act 459) and the Plea Bargaining Act, which allow for restitution-based settlements in specific financial crime cases.

He added that while custodial sentences remain important, a flexible, results-focused approach is necessary to protect the state’s finances.

Other Case Updates

Dr. Ayine gave updates on several ongoing cases:

Ernest Addison (BoG Governor): Trial is in progress, with prosecution witnesses being called.

SkyTrain Project: Case is ongoing, despite delays due to changes in legal teams and health-related issues.

National Service Scheme Fraud: Investigations into the GH¢189 million BoG transfer are progressing. GH¢80 million remains unaccounted for. Eight suspects, including former NSS officials, are cooperating via plea deals.

Other Cases: Investigations involving the All-Africa Games scandal, buffer stock issues, and Akonta Mining are either concluded or close to being submitted for prosecution.

Dr. Ayine wrapped up by reaffirming that his focus is on both recovering funds and ensuring accountability.

“Recovering stolen resources and jailing looters are not mutually exclusive,” he said. “But where conviction is uncertain and assets may be lost forever, recovery through negotiation is not a compromise—it is accountability.”

He assured that the government remains committed to holding offenders accountable, whether through court processes or lawful settlements in the national interest.