The controversy surrounding the cyber fraud allegations against former National Signals Bureau (NSB) Director General Kwabena Adu-Boahene and his wife has taken another turn, with legal experts weighing in on the Attorney General’s decision to disclose details of the case publicly.
The debate now centers on whether such public statements ensure accountability or unfairly influence public opinion.
Lawyers representing Adu-Boahene and his wife have strongly criticized Attorney General Dr. Dominic Ayine, accusing him of using the media to sway public perception before any formal charges have been filed.
They argued that “the AG is using the press to poison public opinion” and that their clients are being unfairly portrayed as guilty when they have not even been charged.
According to them, this is more “political drama than legal process,” and their clients, whom they describe as “respected professionals, not criminals,” are being subjected to unnecessary scrutiny.
While defense lawyers insisted that the Attorney General’s approach violates the rights of their clients, others argued that public disclosure is necessary for transparency and accountability.
One such voice is Prof. Stephen Kwaku Asare, a lawyer and Democracy and Development Fellow at CDD-Ghana.
According to Prof. Asare, the defense team is simply doing its job—defending its clients “as aggressively as possible.”
“[However], the AG has every right to inform the public. He’s not just a lawyer. He represents all of us. When public funds are involved, silence isn’t an option.”
Prof. Stephen Kwaku Asare
Accordingly, Prof. Asare emphasized that keeping the public informed is essential for maintaining trust in the justice system.
He argued that transparency in corruption cases ensures accountability and reassures Ghanaians that no one is above the law.
He maintained that open communication also helps counter misinformation that could mislead the public while serving as a deterrent to others who might consider engaging in financial crimes, knowing that such actions could be exposed.
Balancing Transparency and Fair Trial Rights
While public disclosures play a crucial role in ensuring transparency, they also raise concerns about potentially compromising an accused person’s right to a fair trial.
However, Prof. Asare dismissed these concerns, emphasizing that providing information to the public does not equate to convicting the accused.
He asserted that the courts remain the ultimate arbiters of guilt, but the public has a right to be informed, especially when public funds are involved.
However, Private legal practitioner Austin Kwabena Brako-Powers expressed surprise over Attorney-General Dr. Dominic Ayine’s public commentaries on ongoing investigations into former government appointees.
According to Brako-Powers, as an officer of the court, the Attorney-General should refrain from making public statements that could prejudice cases, especially when the individuals under investigation have not been formally charged.
“Isn’t it shocking that my senior and Ghana’s Attorney-General enjoys public trial over going to court? What stops him from arraigning those suspects?”
Esq. Austin Kwabena Brako-Powers
Brako-Powers strongly criticized Dr. Ayine’s approach, asserting that as a senior legal practitioner, he should uphold justice and fairness rather than allowing political considerations to influence his professional responsibilities.
He argued that public commentary on ongoing investigations, especially when suspects have not had the opportunity to defend themselves in court, risks prejudicing public perception and undermining due process.
He maintained that media posturing by the Attorney-General does not serve the cause of justice but rather creates disaffection for suspects whose side of the story has yet to be heard.
Brako-Powers further emphasized that the judiciary is the only institution with the authority to conduct a fair and impartial inquiry into the evidence gathered by the Attorney-General’s office.
He warned that bypassing this process through public disclosures could erode trust in the legal system and compromise the fairness of legal proceedings. “The Attorney-General should allow our courts to work and desist from drawing hasty conclusions unhealthy for justice delivery in the country.”
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