NDC defends AG's independence in AKSA energy probe as NPP questions credibility

The National Democratic Congress has firmly rejected opposition claims that Attorney General Dominic Ayine lacks the credibility to independently investigate bribery allegations linked to the AKSA Energy Power Project, dismissing such concerns as politically motivated and without substance.

Speaking on JoyFM's Top Story programme on Thursday, 13 August, NDC Communications team member Theophilus Dzimega countered the New Patriotic Party's assertion that some individuals potentially implicated in the AKSA matter may enjoy political protection due to their connections to the governing NDC. Mr Dzimega characterised the NPP's criticism as baseless and unfounded, arguing that it lacks legal or factual grounding.

The NPP raised its objections during a press briefing at party headquarters in Accra, where Manhyia South MP Nana Agyei Baffour Awuah declared that the party had no confidence in the Attorney General's ability to conduct a fair and independent investigation into the AKSA Energy deal or prosecute related cases.

Defending the Attorney General's record

Dzimega pointed to the Attorney General's successful collaboration with United States authorities in the apprehension, prosecution and extradition of Asante Kwaku Berko as evidence of Dr Ayine's commitment to pursuing high-profile cases impartially. He questioned the logic of the NPP's position, noting that Berko was appointed during the previous NPP administration, yet the opposition now doubts the Attorney General's ability to investigate the matter objectively.

The NDC spokesperson also addressed NPP criticisms regarding plea bargaining arrangements, turning the focus onto the opposition party itself. He challenged the NPP to explain its own position on ongoing plea negotiations involving former Ashanti Regional Chairman Bernard Antwi Boasiako, known as Chairman Wontumi. Dzimega suggested that MP Awuah, who is directly involved in related matters, should have disclosed details of those negotiations before levelling accusations against the Attorney General.

Constitutional authority and prosecutorial discretion

Dzimega defended the Attorney General's decision to discontinue certain criminal prosecutions, emphasising that such decisions fall squarely within the Attorney General's constitutional powers. He referenced the Supreme Court's landmark ruling in the Gregory Afoko case, which established that the entry of nolle prosequi—a decision to cease prosecution—remains entirely within the Attorney General's discretionary authority.

According to Dzimega, prosecutorial decisions must consider multiple factors, including public policy, public interest, national security considerations, and the realistic prospects of securing a conviction. These principles, he argued, guide responsible and lawful use of the Attorney General's powers.

Why it matters for Ghana

The AKSA Energy controversy represents one of Ghana's most significant recent corruption allegations, touching on governance, the rule of law, and public confidence in institutions. The dispute over whether the Attorney General can investigate the matter fairly reflects deeper political tensions surrounding accountability and independence of Ghana's justice system.

The outcome of this investigation will likely influence public perception of the Mahama administration's anti-corruption commitments. The President has introduced a code of conduct for government appointees as part of efforts to prevent corruption and rebuild institutional credibility. Dzimega emphasised this commitment, suggesting the government is determined to ensure itself remains untainted by corrupt practices.

Ultimately, the credibility of Ghana's prosecutorial institutions depends on their ability to investigate sensitive matters without political interference, regardless of which party is in power. The NPP's questioning of the Attorney General's impartiality, whilst the NDC defends it, underscores the importance of independent oversight mechanisms and transparent procedures that can reassure all stakeholders—and Ghanaians broadly—that justice is being pursued fairly.