The Attorney-General and Minister for Justice, Dr Dominic Akuritinga Ayine, has defended the decision to drop criminal charges against former Finance Minister, Dr Kwabena Duffuor and seven others, saying it was in the best interest of the state.
Dr Ayine said the move, known legally as a nolle prosequi, was necessary to help the state recover GH¢3.3 billion lost in the collapse of UniBank.
Speaking at the Government Accountability Series at the Presidency in Accra, Dr Ayine explained that the decision followed a proposal by the accused persons to settle the debt through a structured plan.
“While criminal cases are punitive, the real value to the state lies in recovering the money. I took a pragmatic approach by engaging both the Receiver and the accused to resolve both the civil and criminal sides of the issue,” he said.
According to Dr Ayine, the accused offered to pay GH¢1.2 billion in full and final settlement. This includes GH¢800 million through assets and another GH¢1.2 billion to be recovered from direct beneficiaries of the funds.
So far, GH¢500 million has been recovered, and the rest is expected over the next 18 months. Landed properties worth GH¢824 million have also been handed over, with the accused bearing responsibility for any shortfall if the assets do not yield their expected value.
He added that the Bank of Ghana, the Ministry of Finance, and his office would oversee the recovery process, which would be reviewed every quarter.
Dr Ayine noted that while the state would have preferred a criminal conviction to serve as a deterrent, there was no guarantee of success. He warned that long legal battles could delay recovery and even reduce the final amount, due to legal costs, delays, and possible hiding of assets.
“In many cases, pursuing a conviction can take years. Recovery may be delayed even further by appeals and enforcement processes,” he said.
He also cited the Biege Capital case, where a plea bargain was rejected, and the court later ruled in favour of the accused. That, he said, showed the risks of pursuing prosecution without considering settlement.
Updating journalists on other cases such as the Sky Train, National Service Scheme, and Buffer Stock investigations, Dr Ayine said the government remained open to working with those willing to return stolen funds under the “Operation Recover All Loot” initiative.
“Recovering the money and jailing offenders are not mutually exclusive. I want to see people jailed for looting, but I also know it’s not always possible. In such cases, recovering assets without conviction is a smart alternative,” he said.
BY JULIUS YAO PETETSI