By Laud Nartey July 4, 2023
Attorney-General Godfred Dame has said that preferring criminal charges against persons in the society is not based on the political, social or economic standing of the person.
He said it is based on the strength of evidence subject to the scrutiny of the courts.
Dame said he observed that many of the recent comments by various persons on some court matters, particularly the trials of Assin North MP-elect James Gyakye Quayson and former Deputy Finance Minister Dr Cassiel Ato Forson clearly exceed the bounds of acceptable speech.
He indicated that the comments seek to disparage prosecutors in the eyes of the public and frustrate prosecution of those cases.
He said some of the comments are orchestrated to pervert the course of justice and/or prejudice the fair hearing and determination of the cases.
In a statement issued on Tuesday July 4, the Office of the Attorney-General said “The Office of the Attorney-General and Ministry of Justice has observed with serious concern the increased tendency for various persons, including members of the legal profession of considerable standing, to run extremely prejudicial commentary on cases pending before the courts.
“The cases which have been the subject of unwarranted public commentary include but are not limited to, Republic vrs. James Gyakye-Quayson, Republic vrs. Dr Stephen Opuni & 2 Others and Republic vrs. Cassiel Ato Forson & 2 Others.
“Whilst respecting the freedom of all persons in Ghana to comment on any matter including cases pending in court, the Attorney-General and Minister for Justice takes note that much of the recent commentary on many of the so-called high-profile criminal cases transgresses permissible limits of free speech, unduly interferes with the work of State Prosecutors performing their constitutional function of prosecuting crime in Ghana and tends to put unnecessary pressure on the courts.
The Attorney-General respectfully reminds Ghanaians of the principle of the equality of all persons before the law enshrined in article 17(1) of the Constitution.
No person living in Ghana, citizen or non-citizen, is above the laws of Ghana or immune from an application of same.
” The Attorney-General’s constitutional responsibility for the ‘initiation and conduct of all prosecutions of criminal offenses’ implies a duty to prosecute a crime committed in Ghana, after proper investigations have been conducted, irrespective of the political, race, colour, ethnic, religion, economic or social status of the culprit
State Attorneys assisting the Attorney-General in the performance of this hallowed constitutional mandate, operate under extreme pressure and are exposed to severe risks.
They have the right to prosecute cases freely in a court of law just as private legal practitioners enjoy a right to defend their clients, free from abuse and attacks on their character
‘The decision to prefer a charge against an accused person is not made on the basis of a person’s political status, social or economic standing but on the strength of evidence subject to the scrutiny of the courts.
An acquittal of a person by the courts does not imply malice on the part of the Republic in the filing of a charge.
The perception that a crime committed by a person of high political standing in society should not be prosecuted is dangerous for society and must not be countenanced.
“The Office of the Attorney-General and Ministry of Justice observes that many of the recent comments by various persons on some criminal matters, particularly those mentioned above (widely publicized in the media), clearly exceed the bounds of acceptable speech as they seek to disparage prosecutors in the eyes of the public and frustrate prosecution of those cases. Some of the comments are orchestrated to pervert the course of justice and/or prejudice the fair hearing and determination of the cases.
” The Attorney-General and Minister for Justice, in the discharge of his duty to protect the administration of justice from abuse, hereby entreats the general public to permit the streams of justice to flow freely and uncontaminated by undue comments and pressure on the courts.
The Attorney-General finally cautions that no immunity is conferred by a person’s position in Parliament, the Judiciary, Traditional Authority, the Bar, or any official position, from the consequences of an interference in the administration of justice or an attempt to overreach a judgment to be delivered by the court in any matter.
We must respect due process.”
Several people have asked him to stop the case against Gyakye Quayson.
For instance, the Omanhene of the Dormaa Traditional Area in the Bono Region and the President of the Bono Regional House of Chiefs, Oseadeoyo Agyeman Badu II, while speaking at the 10th-anniversary lecture of John Evans Atta Mills, in Sunyani, said “As a matter of urgency, I am appealing to the president of the republic that if he has any role to play in that trial should be aborted.
The Attorney General should as a matter of urgency file a nolle prosequi to end that particular decision.”
“Honestly, I don’t see the benefits this prosecution will bring Ghanaians.
If he is in court, he can’t fulfill his mandate so the president and the Attorney General should do something urgently to end this matter, so we move on as Ghanaians,” Osagyefo Agyemang Badu who is also a High Court Judge added.
Earlier, a private legal practitioner Kwame Jantuah also told Dame to file a nolle prosequi in the criminal trial of Gyakye Quayson.
Jantuah said that if Gyakye Quayson is jailed by the court, the people of Assin North will not forgive the New Patriotic Party (NPP)
“I think the Attorney General should file a nolle prosequi in this case, he should discontinue this case. Do you think the people in the constituency will forgive the NPP if Gyakye Quayson is jailed?
“This constituency is nobody’s stronghold, so the NPP should go back to the ground and engage the voters.”
Aside from those calling for the discontinuation of the James Gyakye Quayson criminal case, president Akufo Addo on the eve of the Assin North bye-election, appealed to the constituent not to vote for gyakye Quayson because he would spent the time going to court and eventually be jailed.
Meanwhile, Gyakye Quayson is appealing a High Court ruling to have his criminal case heard on a daily basis.
The Court presided over by Justice Mary Yanzuh on Friday, June 23 dismissed an application by lawyers of Gyakye Quayson to have a hearing on the case varied.
The ruling implied the MP would from Tuesday, July 4, when the hearing begins, appear in court daily irrespective of his status as a lawmaker.
He also cites the ruling as a breach of Gyakye Quayson’s right to a fair trial.
Full statement
