Attorney General Godfred Dame
The legal directorate of the main opposition National Democratic Congress (NDC) has observed that, "so far, every reasonable person out there" sees the Opuni-Agongo, Gyakye Quayson and Cassiel Ato Forson criminal trials, "as persecution" by Attorney General Godfred Dame, "instead of prosecuton" and "intended to score political points".
The three cases: Republic vs. James Gyakye Quayson (who is being prosecuted for perjury, deceit of a public officer and forgery), Republic vs. Dr Stephen Opuni & 2 Others (who are being trialled for causing financial loss of GHS217 million to the state) and Republic vs. Cassiel Ato Forson & 2 Others (who are also before court for causing financial loss of €2.37 million to the state), have been the subject of political discussions and controversy.
Mr Dame recently issued a statement in which he said: "While respecting the freedom" of every Ghanaian "to comment on any matter including cases pending in court", his office has noted that "much of the recent commentary on many of the so-called high-profile criminal cases transgress permissible limits of free speech, unduly interferes with the work of state prosecutors performing their constitutional function of prosecuting crime in Ghana and tends to put unnecessary pressure on the courts".
In the statement, Mr Dame said his office "has observed with serious concern the increased tendency" for various people, "including members of the legal profession of considerable standing, to run extremely prejudicial commentary on cases pending before the courts".
Specifically, he cited the three cases above.
The NDC's legal directorate, in a reaction, said at a press conference on Thursday, 6 July 2023 that the "AG may want to use whatever legal gymnastics to try to make it look as if these prosecutions are so legally, factually and sufficiently evidence-based but the ordinary observer who has followed all that has gone on, knows, this is no prosecution at all but persecution".
"So, the AG, Godfred Yeboah Dame, can try to 'spin' the law, even on appeal, to get favourable decisions but every reasonable observer can read between the lines", the lawyers of the NDC said.
They accused the AG of using the justice system to hound the government's opponents.
"It has been said that he's engaging in selective justice and while on the one hand, he claims in his press release that discrimination of all kinds are abhorred by
our Constitution, little has been done so far by him to demonstrate that indeed he's not engaged in selective justice".
The NDC lawyers wondered why Mr Dame is not applying the same alacrity and seriousness to other cases except the three in question.
Citing tge Menzgold case as an example, the lawyers said: "Unfortunately, in Ghana and under the watch of the present Attorney General, a pretentious prosecution is ongoing to fool the masses to think something is being done when in actual fact the accused person is enjoying himself at the expense of it's customers, many of whom have died at the hands of this very same AG and NPP government but the AG has seen nothing wrong with such a delayed prosecution".
"Honestly, the time spent to prepare and issue the press release could have been better used to prepare the advice to the police so they can quickly start the trial in the NAM1 case", the lawyers argued.
They mentioned that the "same can be said in the Ahmed Suale case, J. B. Danquah case, etc., which have all crawled as if they attract no form of importance and undeserving of justice or equality before the law".
"Interestingly, and under very flimsy excuses and in an orchestrated trial, the AG sees the need to pray for a daily trial in the name of politics but at the expense of the rights of Mr. Gyakye Quayson, a citizen of Ghana who has done nothing compared to the case of NAM1".
Read the NDC lawyers' full statement below:
LEGAL AFFAIRS DIRECTORATE
RESPONSE TO THE PRESS RELEASE OF THE HONOURABLE ATTORNEY GENERAL
GODFRED YEBOAH DAME.
The Legal Directorate of the NDC have seen and read a Press Statement from the Hon. Attorney General (AG) expressing his sentiments about reactions to all the high-profile political prosecutions he's undertaking.
The cases in point which he refers to are the following:
1. Rep .V James Gyakye Quayson
2. Rev. V Dr. Stephen Opuni and others
3. Rep. V. Carssiel Ato Forson.
Before we go into the substance of his Press Release we want to draw our attention to something in the study of law called the "reasonable man standard."
This is a standard of measure of the conduct of people using the common sense principle.
The question is: would the ordinary mind see what is happening to be reasonable? Is it justified?
One fact is that people always want to see the common sense in what you are doing and it's on this basis that people can determine what you are about and your intentions.
So far, every reasonable person out there sees the above three cases as
persecution instead of prosecuton intended to score political points.
The AG may want to use whatever legal gymnastics to try to make it look as
if these prosecutions are so legally, factually and sufficiently evidence-based but to the ordinary observer who has followed all that has gone on, knows, this is no prosecution at all but persecution.
So, the AG, Godfred Yeboah Dame, can try to "spin" the law, even on appeal, to get favourable decisions but every reasonable observer can read between the lines.
We are happy the AG understands, appreciates, and sees the need for
freedom of speech and we hope that his expressions on freedom of speech
in his Press Release is something he truly believes in and not just mere expressions on paper.
Freedom of speech is a guaranteed right in our constitution and we know that a lawyer in good standing so far, he would ensure that that right of every person in Ghana is respected.
It has been said that he's engaging in selective justice and whilst on one hand
he claims in his Press Release that discrimination of all kinds are abhorred by
our constitution, little has been done so far by him to demonstrate that indeed he's not engaged in selective justice.
One would have thought that a case like Menzgold would have been long concluded so that all the many Ghanaians who look up to him as the AG of Ghana and who are the suffering customers of Menzgold, would have taken steps to ensure a speedy trial of any crime allegedly committed by Nana
Appiah Mensah so that his suffering customers would receive justice because
they must also be treated equally without discrimination in the delay of their case.
We were all in this country when the Bank of Ghana (BOG) claimed that it had conducted investigations into a company called Menzgold owned by one Nana Appiah Mensah aka NAM1. Fast forward, this company was shut down by the Security and Exchange Commission of Ghana in September 2018 leading to excruciating losses to numerous Ghanaians running into the thousands who have invested there.
The alleged grounds for shutting down his business is that he was operating without the requisite licences in addition to the fact that he was engaging in a Ponzi scheme.
Ponzi schemes are fraudulent schemes all around the world and when they are uncovered swift action is taken to protect investors, the operators are quickly prosecuted, assets are sold and recovered investments are returned to it's unsuspecting customers who have been lured to invest there.
Unfortunately in Ghana and under the watch of the present Attorney General, a pretentious prosecution is ongoing to fool the masses to think something is being done when in actual fact the accused person is enjoying himself at the expense of it's customers many of whom have died at the hands of this very same AG and NPP government but the AG has seen nothing wrong with such a delayed prosecution.
No one speaks for the customers in Ghana and no one in government is taking the serious steps that other civilised nations take to ensure customers of such scams are reimbursed or restored.
Such injustice has been ongoing since September 2018 spanning a very long
period of five (5) years with the customers crying and wailing unto the death ears of the AG.
So far even the advice that is supposed to be given by the AG to pave the way for the criminal prosecution of NAM1 has not been sent for prosecution to start since the past 5 years.
Honestly, the time spent to prepare and issue the Press Release could have been better used to prepare the advice to the police so they can quickly start the trial in the NAM1 case.
Same can be said in the Ahmed Suale case, J. B. Danquah case, etc which have all crawled as if they attract no form of importance and undeserving of justice or equality before the law.
Interestingly, and under very flimsy excuses and in an orchestrated trial, the AG sees the need to pray for a daily trial in the name of politics but at the expense of the rights of Mr. Gyakye Quayson a citizen of Ghana who has done nothing compared to the case of NAM1.
The question is, is Hon Gyakye Quayson equal before the law? Does he deserve justice? Does he deserve a fair trial? Which principles of law apply to Opuni case, Gyakye Quayson case, and Cassiel Ato Forson case that can't apply to the Ahmed Suale case, Major Mahama case, J. B. Danquah case, Menzgold case, etc?
Truth is, we need no Press Release from him telling us about equality before the law, discrimination, freedom of speech, etc. Action speaks louder than words.
Very prominent and eminent personalities in Ghana have spoken and advised the AG to discontinue the Gyakye Quayson case and we hope he would listen.
The election results from Assin North is a resounding victory and a message
from the people of Assin North to the NPP that it is Hon Gyakye Quayson they want and this message, despite all the machinations of the NPP in Assin North, is like an egg in the face of the NPP, thus, we expect the AG to listen to the good advice of the eminent Domaahene, the two former AGs of Ghana Hon. Ayikwei Otoo and Hon. Marietta Brew who have all spoken and advised their
younger brother Godfred Yeboah Dame to stop the prosecution before he gets more eggs in his face.
To borrow the word "suffering" from the Vice President Dr. Bawumia when he was busily campaigning against the NDC and went on a singing spree...tailors are sufferings, market women are suffering, nurses are
suffering, plumbers are suffering.....everybody is suffering.
On this suffering note, we would also say:
Menzgold customers are suffering, The family of late Major Mahama are
suffering, Ahmed Suale is suffering...J. B. Danquah is suffering...And on the
other hand...Opuni is suffering...Gyakye Quayson is suffering....Cassiel Ato Forson is suffering...
We also want speedy trial in the Menzgold, Ahmed Suale, Major Mahama and J. B. Danquah cases and on this basis can they kindly also apply for daily trials in these cases too?
Justice must be seen to be pursued and done to all manner of persons and in all cases.
-SIGNED-
Legal Directorate, NDC
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