A-G terminates 3 more criminal cases

The Attorney-General   (A-G) and Minister of Justice, Dr Dominic Ayine, has terminated three more criminal cases initiated by the previous administration.

Notable persons who were on trial and can now heave a sigh of relief as a result of the A-G’s action include a former Director-General of the Social Security and National Insurance Trust (SSNIT), Dr Ernest Thompson, who was accused together with three others for causing financial loss of more than $15.3 million in the SSNIT Operational Business Suites (OBS) project.

Other beneficiaries of the A-G’s action are a former Minister of Water Resources, Works and Housing, Collins Dauda, and his successor, Dr Kwaku Agyeman-Mensah, who were on trial over allegation of causing financial loss on account of the Saglemi Affordable Housing Project.

The rest are 53 persons, including a prominent social activist, Oliver Barker-Vormawor, and social media influencer, Elorm Ama Governor-Ababio, also known as Ama Governor, who were on trial for unlawful assembly as part of the Democracy Hub protests last year against the illegal mining menace.

Cases terminated

The current action by the A-G brings the total number of cases terminated by the office to six since Dr Ayine assumed office this year.

On January 24, the A-G filed a notice of abandonment at the Supreme Court not to pursue an appeal challenging the acquittal of the Finance Minister, Dr Cassiel Ato Forson, and a businessman, Richard Jakpa, by the Court of Appeal.

Dr Forson was previously standing trial at the Accra High Court on allegations of causing financial loss of €2 million in an ambulance purchase deal, but was subsequently acquitted and discharged by the Court of Appeal on July 30, 2024, after his submission of no case was upheld by the second highest court of the land.

On January 28, the A-G withdrew the charges against a former Chief Executive of the Ghana Cocoa Board (COCOBOD), Dr Stephen Kwabena Opuni, and a businessman, Seidu Agongo, who were accused of causing financial loss to the state in a fertiliser purchase deal.

Again, on January 30, the A-G filed a notice to withdraw all charges against a former Second Deputy Governor of the Bank of Ghana, Dr Johnson Pandit Asiama, who was on trial in two separate cases over accusations of being complicit in the collapse of UniBank and UT Bank.
 

SSNIT case

With regard to the SSNIT case, the A-G filed a notice of withdrawal in respect of three of the four accused persons, effectively ensuring that the three persons cannot be prosecuted again in the case.

The three accused persons — Dr Thompson, John Hagan Mensah and Peter Hayibor — are, therefore, expected to be acquitted and discharged at the next hearing by the Accra High Court presided over by Justice Henry Kwofie, a Supreme Court judge sitting with additional responsibility as a High Court Judge.

A fourth accused person, Caleb Afaglo, who is alleged to have secured his employment at SSNIT with fake certificates and was accordingly charged with various counts of possession of forged documents and authoring forged documents, for which he has pleaded not guilty, will, however, continue to stand trial as he is not mentioned in the notice of withdrawal.

A notice of withdrawal filed on Friday, February 7, 2025, and signed by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, said the withdrawal was based on Sections 59(1), 59(2)(b)(ii), and 59(5) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).

The relevant laws allow prosecution to withdraw charges against accused persons, but if the withdrawal is done after the prosecution has closed its case, as pertains in this case, then the accused persons shall be acquitted and discharged.

The accused persons pleaded not guilty to 29 charges, including various counts of conspiracy to willfully cause financial loss to the state and willfully causing financial loss to the state.

Saglemi Housing case

Alhaji Dauda, who is also the National Democratic Congress (NDC) Member of Parliament for Asutifi South, along with Dr Agyeman-Mensah and three others were dragged to court in 2021 for causing financial loss to the state over the Saglemi Affordable Housing Project.

The other accused persons were the Chief Director at the Ministry of Water Resources, Works and Housing from 2009 to 2017, Alhaji Ziblim Yakubu; the Executive Chairman of Construtora OAS, the Brazilian company which constructed the Affordable Housing Project at Saglemi, Andrew Clocanas, and a director of RMS, the Engineering, Procurement and Construction (EPC) consultancy subcontractor, Nouvi Tetteh Angelo.

The prosecution accused the five persons for intentionally misapplying $200 million of state funds by paying for 1,412 affordable housing units at Saglemi, instead of 5,000 units, as Parliament had approved.

In a court document filed on February 7, 2025, the A-G decided to file a nolle prosequi in respect of all the five accused persons, indicating the A-G’s disinterest in the case.
Although a nolle prosequi terminates criminal proceedings, it does not totally lead to the acquittal of accused persons, as the prosecution can revive the case by filing new charges in respect of the same case and facts.
 

Democracy hub

With regard to the democracy hub protestors, the A-G decided to file a nolle prosequi, indicating his disinterest in the case.

The 53 accused persons were accused of violating the law during a planned demonstration to drum home their displeasure over illegal mining and bad governance, and were charged with multiple counts, including conspiracy to commit crime, unlawful assembly, unlawful damage, offensive conduct conducive to the breach of the peace, assaulting a public officer and defacement of public property.

Writer’s email: emma.hawkson@graphic.com.gh