Be worried if an Attorney General relies on defence counsel to drop criminal cases — Dame to Ghanaians

Godfred Dame, the former Attorney General and Minister of Justice, has expressed worry about what he called an odd strategy used by Dr. Dominic Ayine, his successor, in ending a number of high-profile criminal cases.

Mr. Dame claims that the independence of the Attorney General's prosecutorial discretion is threatened by the process of deciding whether to drop charges based on the opinions of defense counsel.

The former Attorney General stated during a counter-press conference in Accra on Friday, February 14, that Dr. Ayine's public defense of a succession of nolle prosequi, or the formal dropping of criminal proceedings, exposed a concerning pattern.

The new attorney general, he claimed, acknowledged seeking advice from defense attorneys before determining whether to pursue or drop charges.

“In a chilling twist, the nation heard Dr. Ayine confessing to speaking with lawyers for the defence and engaging them on the cases that were pending against leading members of the NDC before exercising his discretion to file nolle prosequi or withdraw the charges,” Dame stated.

He questioned the legitimacy of these consultations, contending that prosecutorial choices ought to be made only in the interest of the country, not defense lawyers' strategic concerns.

Dame emphasized further that there is no precedence in the Fourth Republic for an Attorney General to dismiss criminal cases based on the opinions of defense counsel.

“The people of Ghana should be very scared if we have an Attorney General whose prime consideration for the discontinuation of criminal cases involving the loss of billions of Ghana cedis is the position of defence lawyers on charges preferred against their clients rather than the interests of the Republic,” he warned.