The use of nolle prosequi—a legal tool allowing state prosecutors to discontinue criminal cases—has come under scrutiny, with calls for its restriction to prevent potential abuse.
Private legal practitioner Bobby Banson has raised concerns that the power, often wielded by the Attorney-General (A-G), can be weaponized to punish individuals, particularly in politically sensitive cases. His comments follow the recent withdrawal of charges against several high-profile figures, including officials of the National Democratic Congress (NDC).
Speaking on TV3’s Key Points on February 8, Banson argued that *nolle prosequi* is not just a procedural mechanism but a tool that can inflict significant harm on individuals. “You can be prosecuted and spend four years going through a trial, only for the A-G to enter *nolle prosequi* a day before judgment. This means you can be rearrested and start the process all over again,” he explained. He emphasized that while recent cases involve politically exposed persons, ordinary citizens have also suffered from the arbitrary use of this power.
Banson’s concerns were echoed by fellow lawyer Godwin Edudzi Tameklo, who highlighted the politicization of prosecutions under the current administration. Tameklo pointed to the case of Dr. Johnson Asiama, former Deputy Governor of the Bank of Ghana (BoG), whose charges related to the collapse of UniBank and UT Bank were recently dropped. Tameklo revealed that internal memos within the A-G’s department had recommended discontinuing Asiama’s case, but former A-G Godfred Dame had ignored them.
“When a president weaponizes prosecution to target political opponents, we lose the essence of justice as a public tool,” Tameklo stated. He criticized the current A-G, Dominic Ayine, for withdrawing charges against Asiama and other NDC figures, suggesting that such actions undermine accountability and the rule of law.
The discontinuation of cases has sparked widespread debate, with critics accusing President John Mahama’s administration of prioritizing political expediency over justice. Renowned journalist Manasseh Azure Awuni condemned the trend, warning that it sets a dangerous precedent. “If you are charged, drag the case as long as you can, and if your party comes into office, the court process will be truncated, and you will be set free,” Awuni wrote, summarizing what he sees as the administration’s message.
Among the high-profile cases dropped are those against former NDC National Chairman Samuel Ofosu-Ampofo, businessman Anthony Kwaku Boahen, and former COCOBOD CEO Dr. Stephen Opuni. In the Opuni case, the A-G withdrew charges despite a lengthy trial, prompting accusations of political interference. Similarly, an appeal against the acquittal of Ato Forson and Richard Jakpa in a financial loss case was abandoned, further fueling concerns about the impartiality of the justice system.
Legal experts and civil society groups are now calling for reforms to curb the discretionary use of *nolle prosequi*. They argue that while the power is constitutionally granted, its unchecked application erodes public trust in the judiciary and undermines efforts to combat corruption. As Ghana approaches its next election cycle, the debate over prosecutorial independence and accountability is likely to intensify, with citizens demanding a justice system that serves the public interest rather than political agendas.
