Els: MBN360 News
The former Attorney General and senior legal practitioner, Godfred Dame, has strongly criticised what he describes as troubling developments within Ghana’s judicial system, warning that recent prosecutorial conduct threatens the country’s democratic and legal standards.
Speaking on ongoing legal proceedings regarding the NAFCO / Buffer Stock CEO case, Dame described the situation as “very, very unfortunate” and inconsistent with the principles of a fair and civilized trial.
He argued that criminal prosecutions must be conducted without prejudice, political influence, or attempts to publicly vilify accused persons before evidence is tested in court.
Drawing from his years in public service and private legal practice, Dame recalled his defense of former Foreign Minister Akwasi Osei-Adjei in 2009, which he said was handled with professionalism and ethical discipline by prosecutors at the time.
According to him, that trial and its successful appeal process were completed within sixteen months, demonstrating that justice could be pursued efficiently while still respecting the rights of accused persons.
Dame maintained that throughout his tenure as Attorney General, the principles of fairness, due process, and constitutional protection remained central to prosecutions undertaken by the state.
He also rejected claims that past treason trials denied accused persons their rights, recalling a situation where the Chief Justice ordered a Saturday sitting to ensure suspects were not unnecessarily kept in custody over the weekend.
Dame said he personally agreed to the granting of bail for all ten accused persons involved in the matter, despite treason being one of the gravest offences under Ghanaian law.
“Treason is essentially an offence in which a person seeks to overthrow the organs of government. It is not a minor offence; it is the highest offence known to the Republic of Ghana. It is an offence created by the Constitution itself, and the punishment for it is death. That punishment cannot be altered by any Act of Parliament. Yet, even in that case, all ten accused persons, including the first accused, Dr. Mac-Palm, were granted bail on the very first day.”Godfred Dame
The former Attorney General further criticised what he described as a growing tendency for prosecutors to hold public briefings before formally presenting charges in court.
According to him, such actions damage reputations and undermine the integrity of judicial proceedings.
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“It’s very, very unfortunate and indeed one that ought not to be condoned in any democracy whatsoever. And also, one that I have not been used to all my life.”Godfred Dame
He also questioned the withdrawal of witness statements after prosecutors had publicly repeated portions of charge sheets in the media, describing the development as an “outrageous legal maneuver.”
Constitutional Rights Debate Deepens Over Bail And Evidence Procedures
Dame further accused prosecutors of violating established criminal procedures after attempts were allegedly made to introduce fresh witness statements without first seeking leave from the court.
According to him, the defense formally objected to the move, arguing that the prosecution could not lawfully substitute evidence without judicial approval. The court subsequently upheld the objection and struck out the witness statements.
The former Attorney General said the incident reflected a worrying disregard for the constitutional rights of accused persons, particularly the right to a fair hearing and access to bail.
He acknowledged that the Republic retains the legal authority to withdraw charges at any point in a case but questioned the motives behind what he described as abrupt shifts in prosecutorial strategy.
Dame also expressed concern over the conduct of the Economic and Organised Crime Office, stating that previous leadership of the institution upheld higher professional standards.
“I never saw any Executive Director of EOCO behave in this manner. Definitely not COP Ashitey Armah, or even Maame Yaa Tiwaa Addo Danquah, who was not even a lawyer,”Godfred Dame
He warned that Ghana’s justice system risked losing public confidence if legal institutions continued to rely on what he termed “smuggled evidence” and media-driven prosecutions.
According to Dame, painstaking investigations must precede any public accusations, insisting that courtrooms, rather than press conferences, should remain the proper venue for presenting evidence.
He argued that the recent withdrawal of charges suggested the prosecution may not have been adequately prepared before initiating proceedings, adding that such actions undermine both the integrity of the Bar and public trust in the judiciary.
The senior lawyer called for a return to what he described as healthy and civilized legal processes, emphasizing that the judiciary must continue to protect citizens from executive overreach.
