Gyakye Quayson's Trial: 'No Ghanaian Is Above The Laws' - Attorney General Replies Critics

Attorney General, Godfred Yeboah Dame has responded to the calls on President Nana Addo Dankwa Akufo-Addo to intervene and halt a criminal trial of the Member of Parliament for Assin North, James Gyakye Quayson.

The Attorney General, in a statement sighted by Peacefmonline, raises serious concerns about what he termed as "prejudicial commentary" on cases pending before the law courts.

According to him, no immunity is conferred by a person’s position in Parliament, Judiciary or any office from bearing the consequences in interfering with the administration of justice, hence warning against prejudicial comments about cases before the courts.

The statement signed by the Attorney General cautioned that such persons passing commentaries on the cases should take note that 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".

"No person living in Ghana, citizen or non-citizen, is above the laws of Ghana or immune from an application of same," he reminded Ghanaians.

He also sought to educate Ghanaians on the work of the Attorney General and State Attorneys, saying "the Attorney-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," parts of the statement said.

Mr. Godfred Dame also added that a charge against accused persons is not made on the basis of political or socio-economic status but "on the strength of evidence".

The statement further read that "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".

As a result, the AG is appealing to the commentators and the public at large to allow his office to work without being contaminated by undue comments.  

"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.  

"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."