GHANA’s ATTORNEY General, Dr. Dominic Akuritinga Ayine, has provided a rare detailed justification for his decision to enter nolle prosequi (discontinue prosecution) or withdraw charges in several major criminal cases.
Addressing the media in Accra, Dr. Akuritinga Ayine argued that his actions were necessary to uphold professional ethics, correct legal errors and prevent wrongful convictions.
He clarified that under Ghanaian law, a nolle prosequi allows the state to drop charges but reserve the right to refile them later, whereas withdrawal of charges after the prosecution closes its case results in an acquittal. His decisions, he stated, were influenced by three key factors:
1. Ethical concerns: As a former defense lawyer in cases like Republic v. Ato Forson, he could not continue prosecuting them without a conflict of interest.
2. Defective charges: Some cases, like Republic v. Collins Dauda, lacked precise legal grounding, making fair prosecution impossible.
3. Weak evidence: In cases like Republic v. Opuni, no credible evidence proved financial loss, yet the case continued.
Dr. Ayine dismissed claims that his actions were politically motivated, emphasizing that no looted funds were involved and that he acted independently of the presidency. His transparency in explaining the legal and constitutional basis for his decisions has been hailed as a progressive shift in Ghana’s justice system, even as critics accuse him of shielding political allies
Source: Nationaltyme.com
