Attorney General Dr Dominic Ayine has revealed that a recommendation from the Prosecutions Division of the Attorney General’s Department advised against pursuing criminal charges against the current Governor of the Bank of Ghana, Dr Johnson Asiama.
Speaking at a news conference in Accra, Dr Ayine explained that this recommendation was made in an internal memo before he assumed office. However, his predecessor, former Attorney General Godfred Yeboah Dame, ignored the advice and proceeded with the prosecution.
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“This was the advice from the Prosecutions Division of the Attorney General’s Department to the former Attorney General, which recommended that the charges should be dropped,” Dr. Ayine stated.
He added that based on this prior assessment and a lack of sufficient evidence to secure a conviction, he decided to discontinue the case.
“In coming to this decision, I am fortified by Rule 40(2)(a) of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423), which provides that, in a criminal case, a prosecutor shall refrain from prosecuting a charge that the prosecutor knows is not supported by the facts,” he explained.
Background
The government began prosecuting Dr. Johnson Asiama in 2020 when he was the Second Deputy Governor of the Bank of Ghana. He was charged alongside other accused persons with fraudulent breach of trust, money laundering, conspiracy to commit a crime, and violations of the Bank of Ghana Act.
Dr Asiama specifically faced charges for allegedly granting a facility of 300 million cedis to Universal Merchant Bank in contravention of the Bank of Ghana Act and causing financial loss to the state amounting to 150 million cedis.
Financial loss charge reconsidered
Dr Ayine stated that the state is no longer pursuing the charge of financial loss, as 300 million cedis have been recovered, leaving 150 million cedis outstanding.
“I did not see the need to pursue the case. Evidence adduced so far fell significantly short of what was required to convict the accused. I therefore find it interesting that the state pressed ahead with prosecution, which I consider a total waste of time,” he said.
However, he clarified that not all charges in the case have been dropped.
“I have not yet dropped the charges against the remaining accused persons because I am currently in discussions with the receivers to understand the financial implications of any decision I may take in these cases,” he added.
