Former Attorney General and Special Prosecutor, Martin Amidu, has lashed out at the John Mahama-led administration for discontinuing the criminal trial of former Finance Minister Dr. Kwabena Duffuor and seven others, describing the decision as a blatant abuse of prosecutorial discretion and a “reeking” act of high corruption.
Amidu questioned the legal and ethical basis for the Attorney-General’s entry of nolle prosequi in the high-profile case involving allegations of financial crime in an open letter available to MyNewsGh.
According to Amidu, the government opted for a backdoor negotiated settlement, allowing the accused persons to pay back only 60% of the alleged stolen funds — without following the transparent plea-bargaining procedure prescribed by law.
“The decision of the John Dramani Mahama Government to abort the criminal trial by the entry of a nolle prosequi… to recover only 60% of the proceeds of the financial crimes committed by the accused persons… reeks of high corruption,” Amidu wrote.
He explained that the proper procedure would have been to submit the settlement to the trial court as part of a plea bargaining agreement under the Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079), or to apply Section 35 of the Courts Act for restitution.
“What the Government has done through its Attorney-General is to sidestep the elaborate procedure set forth under the plea bargaining law and procedure… which would have ensured transparent judicial accountability,” he stated.
