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AG drops charges against Ato Forson and others; justifies decision on ethical grounds

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AG defends CJ’s Suspension, calls it constitutional

AG defends CJ’s Suspension, calls it constitutional

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Attorney General and Minister of Justice, Dominic Ayine, has announced the discontinuation of criminal charges against several individuals, including prominent members of the National Democratic Congress (NDC) government, which exited office in January 2017.

These cases include Republic v. Cassiel Ato Forson & Another, Republic v. Ofosu Ampofo & Another, and other cases involving former officials such as Collins Dauda, who has also faced scrutiny in recent years.

The Attorney General explained in an engagement with the press today, that the cases were terminated on ethical and professional grounds, noting that the charges were fundamentally flawed and lacked sufficient evidence to establish guilt beyond a reasonable doubt.

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He cited his professional obligation to uphold justice, stating, “For ethical and professional reasons, I could not in good conscience continue to prosecute some of these cases.”

Regarding Republic v. Cassiel Ato Forson & Another, Ayine described the case as an example of political persecution. “Ato Forson was made a victim of political witch-hunt,” he said.

He noted that the Court of Appeal’s decision to vindicate Forson further underscored the lack of merit in the case. “When the then Attorney General vowed to file an appeal and actually went ahead to do so, I took the view that it was done to save face and that there was not a scintilla of merit to the appeal. Indeed, the appeal was, to say the least, incompetent,” Ayine stated.

Similarly, the Attorney General raised concerns over the prosecution in Republic v. Ofosu Ampofo & Another. He criticized the disregard for ethical principles, noting that some charges were filed “against the promptings of plain common sense.” Citing Article 296 of the Constitution, Ayine emphasized the need for fairness and objectivity in exercising prosecutorial discretion.

Collins Dauda, another NDC official who has faced legal challenges in recent years, was also referenced in the broader context of cases being reassessed. While the specifics of his case were not detailed in the Attorney General’s statement, the decision to withdraw charges in similar cases, according to the attorney general signals a commitment to ensuring that prosecutions are based on sound legal principles rather than political motivations.

The AG noted that evidence presented in many of these cases failed to establish a convincing case against the accused. He stated, “The evidence led so far showed that there was reasonable doubt as to the guilt of the accused persons, and no prosecutor should continue to pursue a case in the face of overwhelming doubt.”

He further clarified that in instances where charges were withdrawn and the prosecution’s case was closed, the accused persons are now considered acquitted and discharged.

Dominic Ayine took absolute responsibility for the decisions made and clarified that he is under no instructions or pressure to discontinue any case or to bring charges against one.

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