Minority Slams AG Over Media Prosecution

John Darko

 

The Minority in Parliament has launched a scathing attack on the Attorney General (AG), accusing him of conducting what it calls “press prosecutions” that undermine constitutional guarantees of fair trial and due process.

Addressing journalists in Parliament yesterday, the Legal Advisor to the Minority, John Darko, said the Attorney General, Dr. Dominic Ayine, had consistently violated the rights of citizens under investigation by publicly labeling them as guilty before the courts had made any determination.

Quoting Article 19(2)(c) of the 1992 Constitution, which states that a person charged with a criminal offence “is presumed innocent until proven guilty,” Mr. Darko said the Attorney General’s recent public engagements, branded as Accountability Series, amounted to “a blatant disregard of the Constitution and an assault on the rule of law.”

According to him, “The Attorney General, by his press prosecution, has prejudiced this all-important constitutional provision. Under the guise of accountability, he has violated the privacy and dignity of individuals by discussing ongoing investigations and pending cases in the media.”

Mr. Darko cited several instances in which the Attorney General had made public pronouncements that, in his view, compromised the integrity of the judicial process.

He referred to comments describing some accused persons as “lawless looters” and members of a “criminal enterprise,” which he said had already convicted them in the court of public opinion.

“Today, many Ghanaians already believe that people like Abdul Wahab, Fazia Seidu Awuni, Chairman Wontumi, Gifty Oware, Osei Assibey Antwi, and Kwabena Adu-Boahen are guilty, even before they open their defence in court,” he said, pointing out, “This is because the Attorney General has successfully pushed that narrative in the media.”

The Minority’s Legal Advisor warned that such media trials risked influencing judges and undermining the impartiality of the courts.

“Our judges live among us, attend the same events, and listen to the same radio shows. When the Attorney General repeatedly holds press conferences and makes sensational allegations, it taints the judicial atmosphere and prejudices the trial,” he argued.

Mr. Darko, who is also the New Patriotic Party (NPP) Member of Parliament (MP) for Suame, described the situation as a dangerous erosion of constitutional safeguards meant to protect citizens from arbitrary state action.

“In jurisdictions where juries determine facts, cases like these would be relocated to avoid tainted juror pools. But in Ghana, where judges serve as both judges of law and fact, such conduct can seriously compromise justice,” he explained.

He accused the Attorney General of disregarding professional ethics by discussing matters that are sub judice and urged the Ghana Bar Association and the media to call him to order.

“The Attorney General, who is the titular head of the Bar, should be the first to uphold the standards of the legal profession. Instead, he has turned the law into a tool for political theatre,” he lamented.

While reaffirming the Minority’s support for accountability and the fight against corruption, Mr. Darko said the government’s current approach smacked of political bias and selective justice.

He cited cases involving former National Democratic Congress (NDC) officials that were withdrawn under questionable circumstances, contrasting them with ongoing prosecutions of individuals perceived to be aligned with the opposition New Patriotic Party.

“If the Attorney General claims to be committed to accountability, he must also explain why he withdrew cases involving certain NDC officials accused of misappropriating state funds. Why are others being prosecuted in the media while those cases quietly vanish from court?” he questioned.

The Minority called on civil society, traditional authorities, the clergy, and the general public to resist what it described as the “gradual tearing down of Ghana’s constitutional guardrails.”

“We are not against accountability. We are against a biased, populist, and unconstitutional media trial that destroys reputations before the courts have spoken. If this continues unchecked, we risk waking up one day to find that our democracy has been eroded beyond repair,” Mr. Darko concluded.

By Ernest Kofi Adu, Parliament House

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