By: Franklin ASARE-DONKOH
The Director of Legal Affairs for the ruling National Democratic Congress (NDC), Mr. Godwin Edudzi Tameklo, says the call on the Minister of Justice and Attorney General (AG), Dr. Dominic Ayine, to assign reasons for the discontinuation of high-profile cases is unnecessary.
According to him, the A-G has discretionary powers in filing a Nolle Prosequi to discontinue prosecutions, arguing that such decisions should not be questioned.
Commenting on the call by Mr. Martin Kpebu, an astute Private legal practitioner, on TV 3’s current affairs show dubbed “The KeyPoints”, NDC’s Director of Legal Affairs backed his stance with Sections 54 and 59 of the Criminal Procedure Code (Act 30) and Article 88 of the 1992 Constitution, which empower the Attorney-General to initiate and terminate prosecutions without questioning.
According to him, these powers are rooted in history and serve as a critical policy tool for governance.
Mr. Tameklo stressed that he disagreed with calls for the A-G to assign reasons for discontinuing cases, arguing that such a requirement would have policy implications and could open a “Pandora’s box”.
“If you have to assign reasons for the exercise of that power, it may create unnecessary legal and political challenges. From a policy point of view, that disclosure is not material.
Prosecution is a policy tool, and usually, for policy decisions, you want to give the one holding the authority a bit more flexibility. The Attorney General can take a policy decision that, even if there is evidence of wrongdoing, for the interest of the state, the case should be ended,” Tamekloe stated.
The NDC’s Director of Legal Affairs also cited an example from the United Kingdom, where an arms deal scandal involving Saudi Arabia was halted by the UK Attorney General due to potential implications for the monarchy.
He explained that discontinuing cases is a globally accepted practice that sometimes serves the broader interest of a nation.
Mr. Tameklo again referenced the Gregory Afoko v. Attorney-General case, where the Supreme Court ruled that while the Attorney General has the power to discontinue cases “at any stage,” per Section 54 of Act 30, the exercise of that power must conform to the fairness provisions under Article 296(c) of the Constitution.
He noted that although Mr. Afoko challenged the fairness of the A-G’s decision to discontinue his case after a full trial, the court upheld the A-G’s authority to do so.
Mr. Tameklo, even though he acknowledged some concerns raised over potential abuses of power, emphasised that the Supreme Court has provided guidance on ensuring fairness in such decisions.
The NDC’s Director of Legal Affairs, however, calls for a broader conversation on the balance between prosecutorial discretion and accountability, transparency, and justice rather than imposing a mandatory requirement for the A-G to assign reason in every case it discontinues.
