Former Special Prosecutor Martin Amidu has expressed grave ethical concerns regarding Attorney-General Dominic Ayine’s decision to halt the criminal trial involving Dr. Kwabena Duffuor and seven others, highlighting a potential conflict of interest that undermines the integrity of the judicial process.
Amidu pointed out that Ayine did not disclose his past role as lead counsel for both Dr. Kwabena Duffuor and HODA Holdings, a fact that Amidu asserts is well-documented and publicly accessible.
Quoting a report from Starr FM in 2020, Amidu noted: “Dr. Dominic Aryine [Ayine], lawyer for Dr. Kwabena Duffuor and HODA Holding… described the charges preferred against his clients as grossly misconceived and lacking any legal basis”.
According to Amidu, this previous legal relationship should have disqualified Ayine from making prosecutorial decisions in this case or, at the very least, necessitated a complete disclosure for the sake of transparency.
Instead, Amidu claims that the Mahama administration, via Ayine, bypassed the formal plea bargaining procedures described in Ghana’s Criminal and Other Offences (Procedure) (Amendment) Act, 2022, opting for a controversial 60% recovery threshold that was agreed upon without any judicial oversight.
“The Attorney-General’s failure to acknowledge his previous involvement with the accused renders his justification flawed and tainted by self-interest,” Amidu stated.
It would be recalled that the Office of the Attorney-General on July 22, 2025, officially suspended the prosecution of former Finance Minister Dr. Kwabena Duffour and seven others, who faced charges related to alleged financial misconduct during the cleanup of Ghana’s financial sector.
In a press release, Deputy Attorney-General Dr. Justice Srem-Sai announced that a nolle prosequi was filed in the case titled The Republic v. Kwabena Duffour & 7 Others (CR/0248/2020).
While the law does not mandate the Attorney-General to provide a rationale for such decisions, the statement indicated that this step was taken in the interest of transparency and accountability to the public.
This case was part of several actions resulting from Ghana’s financial sector reforms initiated in 2018, aiming to hold accountable those responsible and recover state losses.
The Attorney-General’s Office noted that a benchmark was set to recover at least 60% of the alleged losses before reconsidering prosecution.
After extensive negotiations, the accused individuals successfully met this recovery target, prompting the statement to conclude that continuing the trial would no longer serve any meaningful public purpose. Therefore, discontinuing the case was recognised as being in the national interest.
The Attorney-General further clarified that this decision does not suggest that no wrongdoing occurred or that the individuals involved were vindicated.
