The General Secretary of the New Patriotic Party (NPP), Justin Frimpong Kodua, has accused the governing National Democratic Congress (NDC) of applying selective standards in its fight against corruption, citing discontinued cases against ruling party members while pursuing opposition figures.
Responding Friday to questions about ongoing investigations involving NPP members, Kodua argued that government failed to allow corruption cases against its own members to proceed in court before turning attention to political opponents. He spoke during an interview on TV3 monitored by MyNewsGh.
Before the NDC came into government, some of their members had cases in court, he said. All that the Attorney General did was to file a nolle prosequi to discontinue cases of alleged corruption concerning their members, but rather has turned towards NPP members.
Kodua questioned government commitment to fighting corruption. If we are to be objective, a government that says it is fighting corruption had members with cases before the court and did not allow the court to determine those matters to finality, he stated.
He described the situation as politically motivated. Any person will know that this is more of political witch hunting and persecution, Kodua said, adding that if government had good intentions, it would not have discontinued earlier cases.
Attorney General Dominic Akuritinga Ayine entered nolle prosequi in January discontinuing proceedings against multiple NDC figures including former Bank of Ghana Deputy Governor Johnson Pundit Asiama, former COCOBOD Chief Executive Dr Stephen Kwabena Opuni, businessman Seidu Agongo and former NDC National Chairman Samuel Ofosu-Ampofo.
Ayine defended the decisions February 13, stating his review revealed fatal flaws in prosecution cases. He cited an internal memo prepared by the Prosecutions Division recommending charges against Asiama be dropped, adding he withdrew cases to avoid possible verdicts against the state.
The Attorney General stated he acted with transparency to avoid accusations of partiality and comply with constitutional requirements. He expressed concern about judicial conduct in some cases and executive branch actions that could be interpreted as inducements to convict accused persons.
On attempted prosecution of former Finance Minister Ken Ofori-Atta, Kodua maintained due process must be followed. No one is above the law, he said. If you allege that someone has conducted himself in a way that breaches the law, it is your duty to prosecute.
However, he added that he was yet to see any charge sheet specifying what the former finance minister allegedly did wrong. Ofori-Atta remains detained by United States Immigration and Customs Enforcement (ICE) at Caroline Detention Facility in Virginia following arrest January 6.
The Office of the Special Prosecutor (OSP) declared Ofori-Atta wanted and placed him on an Interpol Red Notice. He faces multiple criminal investigations including contractual arrangements between Strategic Mobilisation Ghana Limited and Ghana Revenue Authority (GRA) and termination of a contract between Electricity Company of Ghana Limited (ECG) and Beijing Xiao Cheng Technology.
A Virginia immigration court adjourned Ofori-Atta’s case to April 27 after his legal team requested proceedings be closed to public citing sensitive issues. The court ordered government to provide evidence of extradition proceedings by February 19.
Kodua challenged authorities earlier this month to prosecute Ofori-Atta in absentia if they have credible evidence of wrongdoing rather than relying on public commentary. He referenced NPP’s prosecution of Sedina Tamakloe in absentia as precedent.
The NPP general secretary alleged Ofori-Atta has become a convenient political talking point used to deflect attention from broader national concerns. When people complain about water bills or unemployment, government officials mention the former minister’s absence from Ghana, he claimed.
NPP Minority caucus members criticized nolle prosequi filings in February 2025, arguing they raised serious issues about government sincerity in fighting corruption. Manhyia South Member of Parliament Nana Agyei Baffour Awuah questioned whether being an NDC member provides immunity from criminal prosecution.
Legal experts have debated appropriate use of nolle prosequi powers. Private legal practitioner Austin Brako-Powers told TV3 in August that Attorney General Ayine filed more discontinuations within six months than any predecessor, warning the practice will normalize corrupt practices.
Nolle prosequi, Latin for we shall no longer prosecute, grants the Attorney General constitutional power under Article 88 to discontinue criminal proceedings at any stage before judgment without providing reasons. The Criminal and Other Offences Procedure Act provides that discharged accused persons can be re-arrested and charged again if prosecution wishes.
Lawyer Kwame Akuffo argued in December that the Attorney General remains constitutionally empowered to enter nolle prosequi in cases prosecuted by the Office of the Special Prosecutor, stating the anti graft body does not enjoy absolute independence under Ghana’s constitutional framework.
However, critics including journalist Manasseh Azure Awuni warn the precedent defeats accountability. What President Mahama is telling NPP officials his administration will charge is very simple, if you are charged, drag the case as long as you can, and if your party comes into office, the court process will be truncated and you will be set free, Awuni wrote.
President John Dramani Mahama promised during the 2024 campaign to implement Operation Recover All Loot (ORAL) to retrieve assets allegedly stolen during the previous administration. However, the initiative has yet to produce major recoveries one year after Mahama assumed office January 7, 2025.
The corruption debate occurs as government pursues investigations into contracts awarded under the previous administration. Multiple NPP officials face questioning by investigating agencies including the OSP and Economic and Organised Crime Office (EOCO) over various allegations.
