Ghana’s Attorney-General and Minister for Justice, Dr. Dominic Ayine, has defended the state’s decision to discontinue the high-profile criminal trial against former Finance Minister Dr. Kwabena Duffuor and seven others—citing progress in financial restitution as the driving force.
At a sectoral press briefing in Accra, Dr. Ayine clarified that the decision to file a nolle prosequi in the case—The Republic v. Kwabena Duffuor & 7 Others (CR/0248/2020)—was informed by a structured settlement deal that promises the recovery of GH¢2 billion in state funds, rather than the uncertain outcomes of prolonged litigation.
“This is not about letting people off the hook,” Dr. Ayine said. “It is about securing concrete value for the state after years of gridlocked legal battles.”
Structured Settlement Trumps Trial
According to the Attorney-General, following years of legal wrangling and asset-tracing challenges, the accused offered a revised settlement deal in May 2025 to resolve their total obligations—estimated at GH¢3.3 billion—with a GH¢2 billion repayment through a mix of asset transfers and third-party recoveries.
So far, GH¢844 million in landed properties has already been transferred to UniBank, currently under receivership. Additionally, GH¢500 million has been recovered from third parties, with another GH¢700 million expected within the next 18 months.
“The accused agreed to assist in tracking and recovering funds from beneficiaries who acted under their directives,” Dr. Ayine noted.
Legal Complexities and Financial Realism
The Attorney-General cited a combination of legal, financial, and operational concerns that influenced the state’s decision. Key among them was the acknowledgment by UniBank’s receiver that fictitious accounting entries—amounting to GH¢2.1 billion—were made prior to the bank’s collapse, complicating efforts to establish personal culpability beyond a reasonable doubt.
He also referenced a pending GH¢300 million civil claim filed by the receiver in 2019, which remains unresolved under the ongoing insolvency process.
“After over six years of litigation with minimal results, we had to ask ourselves: what brings more value to the state—courtroom wins or financial restitution?” Dr. Ayine questioned.
Balancing Justice with Recovery Goals
Dr. Ayine reaffirmed the government’s overarching goal of recovering at least 60% of misappropriated funds from collapsed financial institutions as part of the broader financial sector clean-up agenda. He stressed that securing repayments that benefit the state was the guiding principle behind dropping the charges.
He was also careful to draw a distinction between criminal liability and administrative lapses, warning against public misinterpretation.
“Being charged with causing financial loss does not always mean the accused personally took the funds,” he explained.
Broader Implications for Accountability
While the state has chosen recovery over prosecution in this instance, Dr. Ayine emphasized that the approach should not be seen as setting a precedent for impunity. Instead, he argued that it signals a more sophisticated balancing act between justice and national interest—particularly when the financial system is at stake.
“The decision reflects a deliberate, calculated choice to put the interests of the taxpayer and the financial sector ahead of endless litigation,” he concluded.
The move marks a significant moment in Ghana’s efforts to rebuild confidence in its financial institutions while navigating the legal and ethical tensions of post-crisis accountability.
