Former Deputy Attorney General and Minister for Justice, Hon. Joseph Dindiok Kpemka, has cautioned Attorney General Hon. Dr. Dominic Akuritinga Ayine to not undermine the rights of accused persons in his efforts at prosecuting them.
Speaking to the work of the Attorney General under the Operation Recover All Loots (ORAL), Hon. Kpemka emphasized that the fight against corruption is a worthy course that must be supported by all citizens.
However, he noted that the procedure adopted by the Attorney General, Dr. Ayine, is one that risks undermining the procedural processes of legal trial, warning that such an approach convicts accused persons in the eyes of the general public when they have not actually been prosecuted in a court of competent jurisdiction.
He emphasized that “anyone who supports corruption is an enemy of the state,” noting his firm support for the fight against corruption as is being championed by the Attorney General.
However, he emphasized that the approach of the Attorney General, whereby he holds press conferences to announce the details of corruption cases he has investigated and the charges he is filing in court against the accused, is one that undermines procedural and substantive processes of the legal system.
“The most important thing to do is to ensure that there is procedural fairness and substantive fairness in every criminal trial in Ghana. You must ensure that the concept of a fair trial, which is enshrined in our constitution, is at all times upheld to the letter. Anything other than that for me is a slap in the face of justice.
“The officers of the courts, including the prosecutors, not limited to the Attorney General, must ensure that at all times, whatever you do, you comply with the dictates of law, however benevolent your intentions are.”
Hon. Joseph Dindiok Kpemka, Former Deputy Attorney General and Minister for Justice
Speaking in relation to the case of the Chief Executive Officer of the National Food and Buffer Stock Company Limited (NAFCO), Hanan Abdul Wahab, Hon. Kpemka noted that an erroneous impression has been created about him in the public space due to the pronouncements of the Attorney General at his latest press conference.
He noted that Mr. Hanan Abdul Wahad was not a pauper before he took over the position of the Chief Executive Officer of the National Food and Buffer Stock Company Limited, as the impression is being created in the public space.
“Before he went into the National Food and Buffer Stock Company Limited as CEO in 2017, he was quite successful. Even before he went there, he was quite successful.
“I knew him to have very, very, big properties in Tamale before 2017. So, people should not think that everything that he has gotten is as a result of his stay at the place.”
Hon. Joseph Dindiok Kpemka, Former Deputy Attorney General and Minister for Justice
He argued that should the Attorney General continue with this way of detailing cases of accused persons in the public before trial, and given the anger it arouses from the public, the accused could be harmed by members of the public, since some already concludes from the Attorney General’s remarks that such persons are convicts.
He further expressed his worry about the kind of commentary that has taken over both traditional and social media in relation to the accused persons, further expressing his fears of what could happened to such persons if things continue in this trajectory.
“We should fight corruption, we should fight it expeditiously, but we should be mindful of the rights of individuals. Because today, it may be a person that you are trying or prosecuting.
“Tomorrow, it may be a victim from your side. And we have to be very fair and ensure that whatever we do, we go in accord with the laws and the constitution.”
Hon. Joseph Dindiok Kpemka, Former Deputy Attorney General and Minister for Justice
He therefore emphasized the need to fight corruption while upholding the principles of due process to make sure that the rights of accused persons are not abused.
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