The Attorney General’s recent explanations regarding discontinuing multiple high-profile prosecutions through nolle prosequi have generated intense public debate.
The move, which affects cases involving prominent political figures, has led to divided opinions on whether it reflects a commitment to legal scrutiny or a veiled attempt at shielding individuals from justice.
A Private Legal Practitioner Alfred Paapa Darkwah, has scrutinized the Attorney General’s reasoning, although he acknowledged the importance of transparency, he placed much emphasis on the need for further examination of the Attorney General’s decision.
“You know, this is the first time that we have an Attorney General who has found it reasonable to give us reasons why he wants to discontinue or he has discontinued the prosecution of a case. I mean on the face of it, it’s a good thing and this is something that should be encouraged.”
Alfred Paapa Darkwah Private Legal Practitioner
He stressed that in previous administrations, such prosecutorial decisions were often made without any detailed justification. This shift, he argued, should be viewed positively as it fosters public confidence in the legal system.
While acknowledging the Attorney General’s openness, Darkwah maintained that the justifications provided must be examined critically.
“With regard to the justification given, we do not have the benefit of reading the whole file that he reviewed. But I mean, if the attorney general does not believe in a particular cause of action, I don’t think we should expect the attorney general to prosecute the case. So for us, or for me, I think that we will need time to interrogate these justifications and see whether they are reasonable or not. That one, he cannot take it away from us.”
Alfred Paapa Darkwah Private Legal Practitioner
He suggested that while the Attorney General has the discretion to drop cases he deems unworthy of prosecution, the public has the right to question whether these decisions were made based on legal merit or political considerations.
The Political Witch Hunt Argument
A key theme in the Attorney General’s justifications was the claim that some of the prosecutions were politically motivated. The Attorney General cited cases such as those of Samuel Ofosu-Ampofo, Dr. Cassiel Ato Forson, and Collins Dauda – he (AG) stated that with Collins Dauda’s case, the amount involved was 90 million cedis yet he was being tried for 200 million cedis suggesting that certain charges were exaggerated or lacked sufficient evidence.
Darkwah responded to this by emphasizing that discontinuing a case due to lapses does not mean that an accused person should be permanently exempted from prosecution.
He particularly focused on discrepancies in financial figures cited in some cases, arguing that the Attorney General has the option to correct these inconsistencies rather than entirely abandoning the cases.
“For instance, with regard to the differences in figures that he stated, well, I think that any attorney general who sees this can discontinue, get the right figures, and resume prosecution. I do not think that that alone should be enough to totally halt the prosecution.”
“So, if there are factors that you think that at this particular moment, you will be unable to prosecute —or you will not be able to prove your case beyond a reasonable doubt—and you think that there are other factors that will also assist you in doing that, you discontinue and resume prosecution at a convenient time.”
Alfred Paapa Darkwah Private Legal Practitioner
This, he explained, would ensure that justice is not only done but also seen to be done. It would prevent suspicions that these decisions were driven by political expediency rather than legal principle.
Alfred Paapa Darkwah highlighted the complexity of the Attorney General’s decision to file multiple nulli prosequi motions. While he commended the unprecedented transparency in explaining these decisions, he insisted that the justifications require thorough examination.
Darkwah also refuted the notion that discontinuing a prosecution necessarily proves political witch-hunting, urging that cases with procedural lapses should be revisited and corrected rather than abandoned.
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