23/07/2025
When Justice Bows to Prudence: The Duffuor uniBank Case and the AG’s Bold Retreat
In the theatre of justice, where the scales of law are often burdened by the weight of public expectation and political undertones, the Attorney General’s recent decision to discontinue the criminal prosecution of Dr. Kwabena Duffuor over the collapse of uniBank is a striking act—one that has raised eyebrows and stirred deep reflections across Ghana’s legal and political spectrum.
It is a move Martin Kpebu, a respected constitutional lawyer and civil rights advocate, has described as “bold and right.” And while such endorsement lends legal and moral weight, the implications run far deeper than one man’s vindication.
🔍 The Anatomy of the Case: The Fall of uniBank
To understand the gravity of this decision, one must return to 2018, when the Bank of Ghana, in a sweeping cleanup of the financial sector, revoked the licenses of several indigenous banks. Among them was uniBank Ghana Limited, a bank founded by a man whose résumé includes Finance Minister, Governor of the Central Bank, and Presidential Aspirant—Dr. Kwabena Duffuor.
The state, through the Receiver and the Office of the Attorney General, accused Duffuor and others of alleged willful mismanagement, unlawful loans to related parties, and breaches of banking regulations. Criminal charges were filed. Assets were frozen. Careers and reputations were bruised.
But years passed, and the legal wheels turned slower than the gears of justice should allow.
⚖️ The AG’s Decision: Law Meets Strategy
With the case dragging and evidence reportedly failing to meet prosecutorial thresholds, the AG moved to discontinue the criminal charges. This is not an acquittal; it is a strategic withdrawal—a calculated ceasefire in a war that may have lost both public interest and prosecutorial potency.
Martin Kpebu’s support of the AG’s action is not mere partisanship—it is a call for legal realism. In his words, the decision is “bold and right” because justice must be effective, not just dramatic. And if the state is throwing darts in the dark, it must have the courage to stop.
🧠 Analysis: Between Justice and Jurisprudence
✅ Merits of the Decision
1. Prosecutorial Efficiency: The state cannot afford to waste scarce legal resources chasing a case with no clear path to conviction.
2. Investor Confidence: Dragging business leaders through endless litigation sends the wrong signal to both local entrepreneurs and foreign investors.
3. Political De-escalation: Duffuor is a political figure; continuing the case could reinforce perceptions of political witch-hunting—especially with an election season looming.
❌ Counterweights and Risks
1. Perception of Impunity: For many Ghanaians, dropping the case may feel like a betrayal of the fight against elite corruption.
2. Erosion of Clean-Up Credibility: If key cases are dropped without resolution, what then was the point of the financial sector reforms?
3. Justice Denied to Stakeholders: Thousands of uniBank customers, staff, and shareholders suffered real losses. Closure remains elusive.
🏛️ The Political Undercurrent: Justice or Political Strategy?
Make no mistake—this is not just a legal issue. It is political.
Ghana’s democracy is maturing, but not without scars. In a country where public trust in institutions is eroding, this decision could either heal or deepen the wounds. The timing, the personalities involved, and the history all make this move politically symbolic.
If this signals a new era of pragmatic justice, then the AG must be transparent. If not, we risk leaving justice to the whims of political expediency.
📌 Conclusion: Between Closure and Continuity
This is not the end of the road for the uniBank saga. Civil litigation still hangs in the balance. But for the criminal matter, the AG has chosen prudence over punishment, peace over pursuit.
In politics as in life, sometimes retreat is the wisest form of advancement. But the government must now earn back public trust by clearly communicating its rationale, strengthening oversight mechanisms, and ensuring that no one—regardless of pedigree—is above the law.
The decision may be bold. But whether it is right will be judged not by the courts—but by history.
NDC Intelligence Ebi Bright