Decision to prosecute is a matter of public interest – Ayine

Dr. Dominic Akuritinga Ayine, Attorney General and Minister of Justice, has emphasized the importance of transparency in prosecutorial decisions, stating that “the decisions to prosecute and to terminate the prosecution of suspected offenders is a matter of immense public interest”.

This assertion is grounded in the Constitution, which requires the Attorney General to act in the best interest of the Republic of Ghana and its citizens.

According to Dr. Ayine, the traditional view that the Attorney General owes no explanation for his decisions is outdated and contradicts the principles of the Constitution. He cited Justice Pwamang’s opinion in the Gregory Afoko v. Attorney General case, which highlights the need for transparency in prosecutorial decisions.

“The modern trend in democracies is for prosecutorial authorities to be open about the factors on which they take the decisions to initiate or terminate prosecutions,” Dr. Ayine noted. He emphasized that his decision to provide reasons for his actions is not only to avoid accusations of partiality but also to comply with constitutional requirements.

Article 88 of the 1992 Constitution of Ghana states that “The Attorney-General shall be the principal legal adviser to the Government and shall be responsible for the initiation and conduct of all prosecutions of criminal offences”.

In recent times, Dr. Ayine has been under scrutiny for his decision to discontinue several high-profile cases, including those involving Finance Minister Dr. Cassiel Ato Forson and former Bank of Ghana Governor Dr. Johnson Asiama. However, he has maintained that his decisions were based on professional and ethical grounds, and that pursuing the cases further would have been a waste of time and public funds.