Attorney-General and Minister for Justice, Dr. Dominic Akuritinga Ayine, has defended his choice to discontinue the criminal prosecution of former Finance Minister Dr. Kwabena Duffuor and several others involved in the high-profile UniBank case.
During a recent briefing in the Government Accountability Series, Dr. Ayine highlighted a strategic pivot toward non-conviction-based asset recovery as a more effective method for protecting the state’s interests.
On July 22, 2025, the state officially entered a nolle prosequi in the case of The Republic vs. Kwabena Duffuor and Seven Others, effectively putting an end to the criminal proceedings. Dr. Ayine explained that this decision stemmed from extensive negotiations involving state prosecutors, the Receiver of UniBank, and the legal representatives of the accused.
Originally reporting a financial exposure of GH¢5.7 billion to the state, the case underwent a comprehensive reassessment resulting in a revised figure of GH¢3.3 billion. This adjustment came after the exclusion of GH¢2.1 billion attributed to fictitious accounting entries and GH¢300 million deposited with Unisecurities, a firm currently in liquidation by the Securities and Exchange Commission.
As part of a negotiated settlement, the accused parties presented a structured recovery plan amounting to GH¢2 billion. This plan includes:
GH¢824 million in landed property already transferred to the UniBank Receiver.
Assistance in recovering GH¢1.2 billion from third-party beneficiaries.
A commitment to cover any shortfall resulting from the sale of assets.
So far, GH¢500 million of the GH¢1.2 billion has been recovered, with expectations for the remainder within the next 18 months. Dr. Ayine emphasized that while a cash settlement would have been preferable, this structured agreement provides a more realistic and expedient path to recovery, thereby avoiding prolonged and costly litigation.
Responding to public criticism and allegations that the accused were permitted to “keep 40% of the loot,” Dr. Ayine firmly countered these claims. He clarified that the charges against the individuals did not constitute theft of public funds but were instead related to offenses such as causing financial loss to the state and falsifying financial records. “The evidence did not establish that any of the accused personally enriched themselves,” he insisted.
Highlighting the limitations of criminal prosecutions in securing financial restitution, Dr. Ayine drew parallels to past cases, such as Bej Capital, where a GH¢10 million recovery offer was rejected in favor of a trial that ultimately yielded no funds for the state. He pointed to legal provisions that advocate for negotiated settlements in financial crime cases, including Section 35 of the Courts Act (Act 459) and the Plea Bargaining Act.
Dr. Ayine reaffirmed that while his office remains committed to pursuing custodial sentences where warranted, a flexible, results-driven approach is essential to protect the public purse.
In addition to the UniBank case, Dr. Ayine provided updates on several ongoing investigations, including:
The trial of Bank of Ghana Governor Ernest Addison, which is currently ongoing with prosecution witnesses being presented.
Proceedings related to the SkyTrain Project, which are progressing despite delays due to changes in legal counsel and health-related issues.
Investigations into the GH¢189 million National Service Scheme fraud, where GH¢80 million remains unaccounted for, with eight suspects, including former NSS officers, cooperating in plea negotiations.
Concluding his remarks, Dr. Ayine reiterated his commitment to balancing justice with effective financial recovery. “Recovering stolen resources and jailing looters are not mutually exclusive,” he stated. “But where conviction is uncertain and assets may be lost forever, recovery through negotiation is not a compromise, it is accountability.”
He reassured the public of his determination to hold wrongdoers accountable, whether through the courts or lawful settlements that prioritize the national interest.
Source: Apexnewsgh.com
