OPEN LETTER TO THE ATTORNEY-GENERAL

Dear Hon. Attorney General and Minister for Justice,

I trust this letter finds you in good health and high spirits.

I am writing as a concerned citizen who remains deeply invested in the rule of law, transparency, and the anti-corruption commitments made by successive governments of the Republic of Ghana.

The current NDC government promised to fight corruption and got many excited through the ORAL process. As a reminder, the aim was to recover the loot.

Recent media reports have brought to public attention your decision to discontinue the prosecution of Dr. Kwabena Duffuor and others, on the basis that approximately 60% of the allegedly misappropriated funds have been refunded to the state.

If this information is accurate, I am gravely concerned about the implications such a precedent may set for justice, accountability, and deterrence. Let me also add that this does not sound like recovering the loot. Instead, it comes across as sharing the loot. 

For a government that came into office on the back of strong anti-corruption rhetoric and promises of transparent governance, this decision risks undermining public trust and the credibility of state institutions.

As a non-lawyer, permit me to ask a few questions to better understand your decision.

1. To start with, please tell us how much we are talking about. How much does the 40% or 100% represent? This would help us to understand the sums we are dealing with.

2. What legal framework or precedent allows for the discontinuation of criminal charges based on partial repayment of misappropriated public funds?

3. Who determines the threshold for repayment. Why 60% and not 95% or full restitution?

4. Was there a plea bargain or negotiated settlement sanctioned by a competent court?

5. Is this policy of dropping charges upon partial repayment now a general standard, and will it be applied consistently across all cases, past, present, and future?

6. Will individuals from other political parties or sectors also be given the opportunity to refund part of misappropriated funds in exchange for having their criminal cases dropped?

7. Are you aware of the risk that this action may normalize corruption, sending the message that individuals can misappropriate state resources and retain a portion without consequence?

8. What systems are in place to ensure that repayment figures are verified and reflect the actual loss to the state?

9. So, if I am a houseboy living somewhere in Ghana and I steal 10 goats and return 6, would I be freed? We should be careful not to create a different law for the poor and another for the wealthy.

10. How do you reconcile this action with your public stance and previous statements advocating zero tolerance for corruption?

I ask these questions not in hostility but in sincere pursuit of transparency, consistency, and accountability from the highest levels of government in our country.

It’s my wish that you or your office will address these concerns of mine and, I believe, many other Ghanaians.

Our role as citizens is to speak truth to power and help steer our beloved country in the right direction.

I look forward to hearing from you.

Yours sincerely,
Kofi Amekudzi
A Ghanaian citizen