Attorney General enters nolle prosequi in Republic v. Kwabena Duffour, 7 others

The Attorney-General has entered a nolle prosequi in the case of The Republic v. Kwabena Duffour and seven others.

This significant development in the CR/0248/2020 case marks a new turn in a prosecution that has been part of a broader effort to clean up the financial sector since 2018.

In a press release issued by the Office of the Attorney-General and Ministry of Justice, it was stated that while the exercise of this prosecutorial discretion requires no explanation under law, the Attorney-General, in the spirit of accountability and transparency, considers it appropriate to provide the public with the rationale behind this decision.

The Attorney-General’s office outlined several key reasons for the nolle prosequi:

Broader Financial Sector Clean-up: The case was originally formed as part of a larger exercise of prosecutions arising out of the financial sector clean-up undertaken by the State since 2018.

Public Funds and Recovery of Losses: A central objective of these prosecutions has been to ensure accountability for public funds and, more importantly, to recover losses occasioned to the State through various alleged acts of financial impropriety.

Threshold for Reconsideration: In pursuit of this objective, the Office of the Attorney-General, in collaboration with other relevant State agencies, established a threshold of 60% recovery of the alleged losses to the State as a condition for reconsidering prosecution in specific cases.

Significant Recoveries in Duffour Case: Following prolonged negotiations and engagements, the accused persons in The Republic v. Kwabena Duffour & 7 Others case have met this recovery threshold. The Attorney-General noted that “significant recoveries made for the State” led to the conclusion that “the prosecution will not serve any additional public purpose.”

National Interest in Recovering State Resources: The decision, while not implying an absence of wrongdoing or a vindication of any conduct, is described as a “pragmatic step in line with the overarching national interest of recovering State resources.”

The Attorney-General’s office concluded by reaffirming its resolute commitment to upholding the rule of law, protecting the public purse, and pursuing justice in all matters of national importance.