Member of the New Patriotic Party (NPP), Kwadwo Poku, has strongly criticized the Attorney-General’s decision to discontinue criminal proceedings against Dr. Kwabena Duffuor and seven others over the collapse of UniBank.
Mr. Poku has described it as a dangerous precedent that opens the floodgates for future financial misconduct.
Speaking on Newsfile, Poku expressed concern that the Attorney-General’s use of a nolle prosequi in the high-profile uniBank collapse case sends the wrong message to public officials and private actors who may be inclined to embezzle state funds.
“What we should remember… is that we are now creating an avenue for loot,” Poku said. “Because when people realize that you can take enough [and] do anything that you want to do… it is sad.”
Poku questioned the logic behind halting prosecution simply because a portion of the funds had been recovered. He insisted that accountability should extend beyond restitution.
“The state is supposed to go after the indictment — it is the punishment. Forget the money, because a crime has been committed,” he said. “If you now plead not guilty, then prove your case. But if your lawyers negotiate and you want to refund, then there should be an indictment. You can’t have it both ways.”
The case, officially titled The Republic v. Kwabena Duffuor & 7 Others, was one of the most prominent cases arising from Ghana’s financial sector clean-up. Dr. Duffuor, a former Finance Minister and founder of uniBank, faced charges of theft and money laundering after the Bank of Ghana declared the bank insolvent in 2018, citing over GHS 5.3 billion in related-party withdrawals and loans.
According to the Attorney-General’s office, the decision to file a nolle prosequi, a formal notice to halt prosecution, was taken after the accused parties met a recovery threshold of 60% of alleged financial losses, a condition developed in coordination with the Economic and Organised Crime Office (EOCO).
Deputy Attorney-General Dr. Justice Srem-Sai explained that continuing prosecution “will not serve any additional public purpose,” especially after significant financial recoveries had been secured.
But Poku contends that this approach undermines deterrence and weakens public trust in anti-corruption efforts.
“The NDC, for me, it is sad. Because bear in mind, they promised us that they are going to protect our public purse,” Poku added. “The Minister of Finance, 2.2 [billion], they are saying that they don’t want to continue because they don’t want to chase after whatever somebody is doing 15 years today… How much was her crime?”
Kenneth Awotwe Darko
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