Renowned Ghanaian attorney Tsatsu Tsikata, the lead attorney for the recently exonerated MP for Assin North Gyakye Quayson, claims that he turned down the Attorney General Dr. Dominic Ayine's generous offer to end his client's case because he was determined to secure the MP's acquittal in order to avoid any more doubts.
Just two months ago, Attorney General Dr. Ayine granted immunity to some Ghanaians who were on trial in different courts, including the Supreme Court. The Assin North Member of Parliament, who had been on trial for three years, was granted that immunity.
Five charges were brought against the MP: perjury, false declaration, deliberately making a false statutory declaration, passport forgery, and deceit of a public official.
Following three years of litigation, during which a prosecution witness testified, the Member of Parliament was offered amnesty. Many were shocked when Tsatsu Tsikata turned down the offer.
However, Lead Counsel Tsatsu Tsikata explained in a statement why he chose the chance to turn down Dr. Ayine's offer to end Gyakye Quayson's case on the day the MP won the case in court based on the merits of his case and the legal arguments made by his attorneys.
At a press conference about different prosecutions, the Attorney-General stated that he had determined that, in the case of Hon. James Gyakye Quayson, his client did not want the case to be withdrawn because Tsatsu Tsikata, Gyakye Quayson's senior counsel, had indicated as much.
Tsatsu Tsikata went on to discuss the security factors that influenced his choice to decline Attorney General Dr. Ayine's offer of immunity.
"The prosecution had not concluded its case in Gyakye Quayson's trial at the time the Attorney General was withdrawing the other charges. The final witness for the prosecution was still giving testimony. According to section 59 of the Criminal and Other Offences Procedure Code, Act 30, the judge could only "discharge" the accused in relation to the offences if the Attorney-General withdrew the case at that point. Section 59(4) of that Act stated that the accused may be prosecuted with the offences again in the future and would not be allowed to claim that he had previously been tried and found not guilty ("autrefois acquit").
However, Mr. Tsikata clarified why other defendants, such as social activist Oliver Baker-Vormawor and current finance minister Dr. Cassiel Ato Forson, who are on trial in separate courts on entirely unrelated allegations, accepted the Attorney General's immunity.
"The prosecution had closed its case and the defence had started testifying in the other cases that were withdrawn by the Attorney-General," he clarified. As a result, the accused were "acquitted and discharged" under section 59(2)(b)(ii) of Act 30 following the prosecution's withdrawal, which means they will not be subject to the same accusations going forward.
In closing, he stated that "Gyakye Quayson would benefit more from an acquittal and discharge at the end of his trial than from a simple discharge that would expose him to further risk." In order to have him exonerated and released, the defence chose to submit a no-case statement at the conclusion of the prosecution's case.
Gyakye Quayson, the Member of Parliament for Assin North, is now free to proceed without concern, even if a new government replaces the NDC in subsequent elections, thanks to his acquittal and release.
See also: Gyakye Quayson was cleared and released following a three-year court struggle about perjury and other offences
