The Attorney-General and Minister
of Justice, Godfred Yeboah Dame, has cautioned individuals who make commentary
on high-profile criminal cases in the country to refrain from such acts.
According to the Attorney-General,
such commentary exceeds the permissible limits of free speech, unduly
interferes with the work of State Prosecutors, and adds unnecessary pressure on
the courts.
In an official statement, the
Attorney-General emphasized that all individuals in Ghana are equal before the
law, regardless of their citizenship or social status. He firmly stated that no
one is above the laws of Ghana and that everyone is subject to their
application.
The Attorney-General’s response was
prompted by an appeal by the Dormaahene, Oseadeeyo Agyeman Badu II, who serves
as both a traditional leader and a high court judge, urging charges against
Member of Parliament for Assin North, James Gyakye Quayson to be dropped.
Oseadeeyo Agyeman Badu II made the appeal
during the John Evans Atta Mills 10th Anniversary Commemorative lecture held in
Sunyani on July 1.
Dismissing the appeal, the
Attorney-General, in a two-page response, described such calls as unfortunate
and unwarranted.
He emphasized that the decision to
press charges against an individual is not influenced by their political,
social, or economic standing, but rather based on the strength of the evidence,
subject to the scrutiny of the courts.
The Attorney-General also
emphasized that an acquittal does not imply malice on the part of the
prosecution and that the perception that crimes committed by individuals of
high political standing should go unpunished is detrimental to society and
should not be tolerated.
Below is the full statement
by the Attorney General
RE: UNJUSTIFIED COMMENTARY ABOUT
PENDING CRIMINAL AND OTHER CASES AND ATTACKS ON STATE ATTORNEYS
The Office of the Attorney-General
and Ministry of Justice has observed with serious concern the increased tendency
for various persons,
including members of the legal profession of considerable standing, to run
extremely prejudicial commentary on cases pending before the courts.
The cases which have been the
subject of unwarranted public commentary include but are not limited to,
Republic vrs. James Gyakye-Quayson, Republic vrs. Dr Stephen Opuni & 2
Others and Republic vrs. Cassiel Ato Forson & 2 Others.
1. Whilst respecting the freedom of
all persons in Ghana to comment on any matter including cases pending in court,
the Attorney-General and Minister for Justice take note that much of the recent
commentary on many of the so-called high-profile criminal cases transgresses
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.
2. The Attorney-General
respectfully reminds Ghanaians of the principle of the equality of all persons
before the law enshrined in Article 17(1) of the Constitution. No person living
in Ghana, citizen or non-citizen, is above the laws of Ghana or immune from an
application of same.
3. The attorneys-general’s
constitutional responsibility for the “initiation and conduct of all
prosecutions of criminal offences” implies a duty to prosecute a crime
committed in Ghana, after proper investigations have been conducted,
irrespective of the political, race, colour, ethnic, religion, economic or
social status of the culprit. State Attorneys assisting the Attorney-General in
the performance of this hallowed constitutional mandate, operate under extreme
pressure and are exposed to severe risks. They have the right to prosecute
cases freely in a court of law just as private legal practitioners enjoy a right
to defend their clients, free from abuse and attacks on their character.
4. The decision to prefer a charge
against an accused person is not made on the basis of a person’s political
status, social or economic standing but on the strength of evidence subject to
the scrutiny of the courts. An acquittal of a person by the courts does not
imply malice on the part of the Republic in the filing of a charge. The
perception that a crime committed by a person of high political standing in
society should not be prosecuted is dangerous for society and must not be
countenanced.
5. The Office of the
Attorney-General and Ministry of Justice observes that many of the recent
comments by various persons on some criminal matters, particularly those
mentioned above (widely publicised in the media), clearly exceed the bounds of
acceptable speech as they seek to disparage prosecutors in the eyes of the
public and frustrate prosecution of those cases. Some of the comments are
orchestrated to pervert the course of justice and/or prejudice the fair hearing
and determination of the cases.
6. The Attorney-General and
Minister for Justice, in the discharge of his duty to protect the
administration of justice from abuse, hereby entreats the general public to
permit the streams of justice to flow freely and uncontaminated by undue
comments and pressure on the courts.
7. The Attorney-General finally
cautions that no immunity is conferred by a person’s position in Parliament,
the Judiciary, Traditional Authority, the Bar, or any official position, from
the consequences of an interference in the administration of justice or an
attempt to overreach a judgment to be delivered by the court in any matter. We
must respect due process.
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