The Member of Parliament for Manhyia South, Hon. Nana Agyei Baffour Awuah has Eulogized Attorney General Dr. Dominic Ayine Akurintinga surrounding the AG’s discretion of nolle prosequi in the discontinuation of investigations against high- Profile individuals.
Hon. Baffour Awuah commended Dr. Ayine for his principled stance which differs from the Supreme Court stance. He reinforced the need for accountability in legal decisions that affect the public interest.
Before addressing the core issue, Hon. Baffour Awuah made a preliminary remark about the general political climate in Ghana, acknowledging the existing public dissatisfaction with the previous administration. However, he emphasized that raising concerns about the current government should not be misconstrued as an attempt to distract or undermine its efforts.
He further clarified that constructive criticism plays a crucial role in ensuring good governance and national progress.
“We believe that as Ghanaians, we have to assist the government to embark upon its objectives to the benefit of Ghanaians. And so when we raise these issues, it’s not because we want to distract the government or settle scores. There’s no score to settle. If the government does well, it does well for all of us.”
Hon. Nana Agyei Baffour Awuah Member of Parliament for Manhyia South
This assertion set the tone for his argument on the Attorney General’s discretion in legal proceedings. He lauded Dr. Ayine’s willingness to take a stance that diverges from the Supreme Court’s ruling and defend it openly.
“Dr. Dominic Ayine has confirmed to me that he’s indeed a gentleman. He’s always been somebody I respect. I’ve never shied away from stating that fact. I’ve always admired his principal position, his courage to take principal positions and defend them.”
Hon. Nana Agyei Baffour Awuah Member of Parliament for Manhyia South
He further stated that Ayine’s actions had reinforced the respect he already had for him, particularly for his courage to challenge the Apex Court’s ruling on the matter.
“And so having come out to address these issues, he has indeed confirmed or enhanced the kind of respect I have for him. It underscores that he’s not afraid to take different positions even from the Apex Court. And so in that regard, we are on the same wavelength.”
Hon. Nana Agyei Baffour Awuah Member of Parliament for Manhyia South
The Attorney General’s Discretion and Public Interest
Hon. Baffour Awuah reiterated his position that the Attorney General’s power to file a nolle prosequi or withdraw a case is discretionary. However, he argued that such discretion should be exercised in a manner that aligns with Article 23 and Article 296 of the 1992 Constitution, particularly in cases where the public interest is at stake.
This perspective challenges the Supreme Court’s ruling, which suggested that the Attorney General is not required to provide an explanation when exercising this power.
“Perhaps the Supreme Court may be guided in the future when such a case comes before them or a case where people are demanding an explanation as to why the AG has filed nolle prosequi or a withdrawal. Because the Supreme Court is also free to depart from its previous decision.”
Hon. Nana Agyei Baffour Awuah Member of Parliament for Manhyia South
He emphasized that this debate should not be seen as an attack on the judiciary but rather as an opportunity to strengthen transparency and accountability in legal proceedings.
Hon. Baffour Awuah concluded by reaffirming his support for Dr. Ayine’s stance and calling for greater transparency in the use of nolle prosequi. He reiterated that the Attorney General’s office, while having discretionary power, should act in a manner that respects public interest and fosters trust in the legal system.
The debate highlights a broader discussion on the balance between legal discretion and public accountability, a conversation that is likely to continue shaping Ghana’s judicial and political landscape.
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