The Attorney General and Minister of Justice, Godfred Yeboah Dame, has warned the general public against commenting on prominent criminal cases, he wants a total stop to such practice.

The Attorney General says such commentary goes beyond what is allowed in terms of free speech and unreasonably interferes with the work of State Prosecutors, and places undue pressure on the courts.

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.

This caution follows calls from the Dormaahene, Oseadeeyo Agyeman Badu II, a traditional ruler, and High Court Judge, on the Attorney General  to drop criminal charges against James Gyakye Quayson, the Member of Parliament for Assin North.

In a two-page response rejecting the appeal, the Attorney-General referred to such calls as sad and unjustified.

He noted 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.

Mr. Yeboah Dame 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.

Mr. James Gyakye Quayson is facing charges of forgery and perjury in relation to certain alleged offences in the run-up to the 2020 Assin North parliamentary election.

He has pleaded not guilty to five counts of forgery of passport or travel certificate, knowingly making a false statutory declaration, perjury, and false declaration for office.

It is the case of the prosecution that Mr. Quayson allegedly made a false statement to the Passport Office that he did not hold a passport to another country when he applied for a Ghanaian Passport.

Also, the prosecution has accused Mr. Quayson of making a false declaration to the Electoral Commission (EC) to the effect that he did not owe any allegiance to a foreign country when he filed to contest as a candidate for the Assin North seat.

Find the Attorney General’s full statement below.

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.