Why was the case of Kwabena Duffuor and 7 others discontinued? -AG explains

The Attorney-General and Minister for Justice, Dr. Dominic Ayine, has explained the government’s decision to discontinue the criminal prosecution of former Finance Minister Dr. Kwabena Duffuor and seven others, citing significant progress in recovering public funds and a mutually agreed repayment arrangement.

At a sectoral update held on Monday, July 28, Dr. Ayine announced that the case, The Republic v. Kwabena Duffuor & 7 Others (CR/0248/2020), was withdrawn via a nolle prosequi following a structured settlement deal valued at GH¢2 billion—roughly 60% of the GH¢3.3 billion originally owed.

Under the terms of the deal, GH¢800 million in assets was transferred directly to UniBank, which is currently under receivership. In addition, the accused pledged to help recover GH¢1.2 billion from individuals and entities who received payments under their instructions. So far, GH¢844 million in landed properties has been handed over, and GH¢500 million has already been retrieved from third parties. The remaining GH¢700 million is expected to be recovered within 18 months, along with proceeds from the sale of transferred assets.

Dr. Ayine outlined several factors that influenced the Attorney-General’s decision:

Fictitious Accounting Practices: Prior to UniBank’s collapse, the bank’s assets were overstated by about GH¢2.1 billion through fictitious entries.

Ongoing Civil Litigation: A GH¢300 million claim filed by the receiver in 2019 remains unresolved under the Official Liquidator’s insolvency process.

Delays and Legal Complexities: The combined civil and criminal litigation had dragged on for over six years with limited progress, largely due to the difficulty in locating and securing assets early on.

Diminishing Recovery Prospects: Continued litigation posed the risk of prolonged delays and reduced net recoveries—counterproductive to the aims of Ghana’s financial sector reforms.

“This case was not about theft in the conventional sense,” Dr. Ayine clarified. “When someone is charged with causing financial loss to the state, it doesn't necessarily mean they took the money. It often involves decisions or actions that result in systemic losses.”

He added that the settlement aligned with the government’s recovery-focused approach, which prioritizes the return of lost funds over extended courtroom battles, especially when measurable restitution is achievable.