Discontinuation of Duffuor and others case will encourage many more to dupe the state

Private legal practitioner Austin Brako-Powers has criticized the Attorney-General’s decision to discontinue the criminal trial of former UniBank officials, warning that the increasing use of nolle prosequi could entrench corruption in Ghana’s governance system.

According to him, this trajectory of the AG will encourage others to dupe the state, knowing that they will only have to pay back with interest.

“This A-G has entered more nolle prosequi in six months than any A-G I have seen,” he remarked. “It should always be in the interest of the government to punish to deter.” he remarked.

Speaking on The Key Points on TV3 on Saturday, August 2, monitored by nsem360, Brako-Powers expressed concern over Attorney-General Dr. Dominic Akuritinga Ayine’s prosecutorial approach, stating that allowing accused persons to escape criminal trials after partial repayment sends the wrong signal.

On July 22, 2025, the Attorney-General announced he had filed a nolle prosequi in The Republic v. Kwabena Duffuor & 7 Others (Case No. CR/0248/2020), thereby halting the prosecution of former UniBank directors.

The Attorney-General explained that the accused had repaid 60 percent of the amount owed the state—a benchmark set by his office during the broader financial sector cleanup. In a statement, the A-G said the decision was made under Article 88(3) of the 1992 Constitution, and though not legally required, he chose to provide a rationale in the interest of transparency.

The statement clarified that the primary aim of the prosecutions was to recover public funds, and that significant progress had been made in this regard through negotiations.

“Following prolonged engagements, the accused persons in this case have met this recovery threshold,” it said. “Continuing with the prosecution would not serve any additional public purpose.”