The Attorney General Dr. Dominic Ayine has revealed that an internal memo prepared by the Prosecution Division of the Attorney General’s (AG) Department before he assumed office recommended that criminal charges against the current Governor of the Bank of Ghana, Dr. Johnson Asiama be dropped.
Dr. Ayine disclosed that even though the advice was offered to his predecessor, he refused to heed to the counsel and rather pursued the case in court.
“This was the advice from the Prosecutions Division of the Attorney General’s Department to the Former Attorney General Godfred Yeboah Dame, which recommended that the charges should be dropped”, Dr. Ayine said.
“Based on these revelations it was difficult for me to press ahead with the prosecution of the current Governor of the Bank of Ghana and that is why I dropped all the charges against him,” he said explaining reasons behind the decision to discontinue the case.
Dr. Dominic Ayine disclosed this at a news conference in Accra to update the public on reasons for filing nolle prosequi for a number of court cases involving high profile members of the of the National Democratic Congress (NDC) government.
“In coming to this decision, I am fortified by the Rule 40(2)(a) of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423) which provides that, in a criminal case, a prosecutor shall refrain from prosecuting a charge that the prosecutor knows is not supported by the facts”
Background
Government in 2020, began the prosecution of Dr. Johnson Asiama, who was then the Second Deputy Governor of the Bank of Ghana, along other accused persons on fraudulent breach of trust, money laundering, conspiracy to commit crime, and violations of the Bank of Ghana Act.
For Dr. Asiama, he was charged with contravention of the Bank of Ghana Act for granting a facility of 300 million cedis to Universal Merchant Bank and for causing financial loss to the state in the sum of 150million cedis.
Charge of financial loss
In reaction to this, Dr. Ayine said the state was not pursuing a charge of financial loss again since 300 million cedis have been recovered, leaving the 150 million cedis outstanding.
I did not see the need to pursue the case. Evidence adduced so far fell significantly short of what was required to convict the accused. I therefore find it interesting that the state pressed ahead with prosecution, which I consider as a total waste of time”, he said.
Dr. Ayine pointed out that charges against some other people have not been dropped.
“I have not yet dropped the charges against the remaining accused persons because I am currently in discussions with the receivers in order to understand the financial implications of any decision I may take in these cases,” he said.
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