By Mavis Paintsil, Accra
A member of the New Patriotic Party (NPP) communication team and private legal practitioner, Kwesi Botchway Jnr, has described the Attorney-General’s public commentary on the ongoing prosecution of former National Signals Bureau (NSB) Director-General, Kwabena Adu-Boahene, as “unlawful and improper.”
Speaking on Asempa FM’s Ekosiisen programme, Mr Botchway sharply criticised Dr Dominic Ayine, Attorney-General and Minister for Justice, accusing him of overstepping his prosecutorial boundaries by engaging in what he termed a “media trial” of the accused, rather than allowing due process to take its course in court.
The Attorney-General’s focus should be on prosecuting matters in court, not in the media. The Attorney-General is fundamentally an officer of the court, whose duty is to aid the judiciary in administering justice by presenting evidence gathered through proper investigative procedures. What we are witnessing now is quite the opposite,” Mr Botchway argued.
He contended that the Attorney-General had shifted from his constitutionally mandated role and was “prematurely casting judgment in the public domain,” thereby undermining the judicial process.
The Attorney-General is no longer acting as an impartial officer of the court. Instead, he seems to have taken on the role of an inquisitor—conducting his own investigations, drawing his own conclusions, and now seeking to foist those conclusions on the court,” he added.
Mr Botchway warned that such actions risk compromising the integrity of the judicial system and could prejudice the eventual outcome of the case. He expressed concern that if the court were to acquit the accused, sections of the public might wrongly accuse judges of political bias.
“The danger here is that if the Attorney-General fails to secure a conviction, we may soon hear accusations that an ‘NPP judge’ was responsible for acquitting the accused,” he said.
While he acknowledged the media’s role in fostering public awareness, Mr Botchway stressed the need to strike a balance between transparency and legal propriety.
It is not wrong to have public discourse around ongoing cases, but when the Attorney-General himself becomes a front-runner in the media trial, it completely defeats the ends of justice,” he noted.
“Justice must be served in the courtroom, not in the court of public opinion. It is only a matter of time, and innocence will be proven. We must tread cautiously when dealing with matters of law,” he emphasised.
He further warned against the influence of emotions and political sentiment on legal proceedings, insisting that the rule of law must take precedence.
“It is the law over emotions and political biases anyway. Vindication is in the womb of time,” he said.
While he acknowledged the media’s role in fostering public awareness, Mr Botchway stressed the need to strike a balance between transparency and legal propriety.
Legal proceedings continue
Meanwhile, the Accra High Court has remanded Kwabena Adu-Boahene into the custody of the Economic and Organised Crime Office (EOCO) for seven working days after his bail conditions were revoked.
The remand is to enable the Attorney-General’s Office to finalise witness statements in the case, which has been adjourned to May 13, 2025.
Court proceedings were partly held in-camera to discuss whether the accused should remain on his existing bail terms. The prosecution argued against his bail, citing attempts to interfere with witnesses.
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