Godfred Yeboah Dame, the country's attorney general and minister of justice, has issued a warning to those who comment on prominent criminal cases to stop doing so.
According to the Attorney General, such opinion goes beyond what is allowed in terms of free speech, unreasonably impedes the work of State Prosecutors, and puts undue strain on the judiciary.
The Attorney-General highlighted in a public statement that everyone in Ghana is treated equally before the law, regardless of their nationality or social standing. He clearly asserted that everyone is subject to the application of Ghanaian law and that no one is above its application.
The Dormaahene, Oseadeeyo Agyeman Badu II, a traditional figure and high court judge, made a petition for the accusations against James Gyakye Quayson, the member of parliament for Assin North, to be withdrawn. This triggered the Attorney General's response.
During the John Evans Atta Mills 10th Anniversary Commemorative Lecture held in Sunyani on July 1, Oseadeeyo Agyeman Badu II made the call.
Attorney-General rejected the appeal and called such statements unpleasant and unjustified in a two-page response, dismissing the case.
He highlighted that the decision to file charges against a person is based only on the weight of the evidence, which is then reviewed by the courts, and is not influenced by that person's political, social, or economic status.
Attorney General further highlighted that acquittal does not imply prosecutorial malice and that it is harmful to society and should not be acceptable for people to believe that crimes committed by powerful people should go unpunished.
Below is the full statement by the Attorney General
RE: UNJUSTIFIED COMMENTARY ABOUT PENDING CRIMINAL AND OTHER CASES AND ATTACKS ON STATE ATTORNEYS
The Ministry of Justice and Office of the Attorney General have noted with grave worry the growing propensity of various people, including prominent members of the legal profession, to publish very biased opinion on cases currently before the courts.
Examples of instances that have been the focus of undue public attention include Republic v. James Gyakye-Quayson, Republic virtual reality. Dr. Stephen Opuni, 2 more parties, and Republic v. Two others and Cassiel Ato Forson.
1. While acknowledging that everyone in Ghana is free to express their opinions on any subject, including legal cases that are still pending, the Attorney-General and Minister for Justice note that much of the recent commentary on many of the so-called high-profile criminal cases goes beyond the bounds of acceptable free speech, unreasonably impedes State Prosecutors' ability to carry out their constitutional duty of prosecuting crime in Ghana, and tends to put undue pressure on the parties involved.
2. With due respect, the Attorney General reminds Ghanaians that Article 17(1) of the Constitution upholds the fundamental concept of everyone's equality before the law. No one residing in Ghana, whether they are a citizen or not, is exempt from the country's laws or shielded from their application.
3. After thorough investigations have been completed, the attorneys general are required by the constitution to "initiate and undertake all prosecutions of criminal crimes," regardless of the political, racial, ethnic, religious, economic, or social standing of the offender. State attorneys who help the Attorney General in carrying out this revered constitutional obligation do so under tremendous stress and peril. In a court of law, they have the same freedom to pursue their claims that private attorneys do to protect their clients against abuse and character assassinations.
4. The strength of the evidence submitted to the courts for review determines whether to prefer a charge against an accused individual rather than the accused's political, social, or economic status. A person's court-ordered acquittal does not suggest that the Republic intentionally filed a charge against them. It is perilous for society to accept the notion that a crime committed by someone with high social standing should not be pursued.
5. The Office of the Attorney General and the Ministry of Justice note that many recent comments made by various people on a number of criminal matters, especially those that were mentioned above (which were widely publicized in the media), clearly go beyond the bounds of acceptable speech because they aim to discredit prosecutors in the eyes of the public and thwart the prosecution of those cases. Some of the comments have been crafted to skew the results of justice and/or prevent fair cases from being heard and decided.
6. In order to fulfill his responsibility to safeguard the administration of justice from abuse, the Attorney General and Minister for Justice is requesting the public to allow the administration of justice to proceed without interference from unwarranted remarks and pressure on the courts.
7. The Attorney General concludes by warning that no immunity from the repercussions of an attempt to interfere with the administration of justice or an attempt to go beyond the bounds of a judgment to be rendered by the court in any matter is conferred by a person's position in Parliament, the Judiciary, Traditional Authority, the Bar, or any official position. We must adhere to the law.
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