‘I know of no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them but to inform their discretion’ – Thomas Jefferson.
‘Everything is permissible (allowable and lawful) for me; but not all things are helpful (good for me to do, expedient and profitable when considered with other things). Everything is lawful for me, but I will not become the slave of everything or be brought under its power’ – 1 Corinthians 6:12 (AMP).
Dr. Basabasa: Good to see Prof. Nkwantabisa and Opanin Wisdom. I have a lot on my mind to discuss with both of you. President Mahama has now appointed 26 Ministers of State and 16 Regional Ministers, making it a total of 42 ministers. A number of deputy ministerial positions are yet to be approved by Parliament. Prof., what is your initial assessment of these ministers?
Professor Nkwantabisa: I am still reading the profiles and visions of some of the appointees. I have also been observing the initial utterances and actions of some of them since they assumed office. Generally, I think the ministers for Finance, Education, and Energy and Green Transition should bear in mind that significant number of Ghanaians are already aware of the challenges bedevilling their ministries hence there is no need crying over spilt milk. Ghanaians are more interested in pragmatic measures geared towards alleviating their plight. This is not the time for lamentations, political jabs and sensationalism.
Dr. Basabasa: Prof., what about the new Attorney-General & Minister of Justice (Hon. Dominic Akuritinga Ayine)? I am very interested in your initial assessment of him.
Professor Nkwantabisa: Yes, I have read and heard a number of statements from him. Key among his statements border on Operation Recover All-Loot (ORAL), operationalisation of the Tribunal system in the judiciary, and a number of nolle prosequi he has filed and defended. So far, I am not impressed.
Opanin Wisdom: What is nolle prosequi Prof?
Professor Nkwantabisa: It simply means a decision by the prosecution to abandon, discontinue or withdraw a criminal case. It is an unwillingness to further pursue a case against an accused person. When the prosecution or a state attorney files a nolle prosequi it means the state is no longer pursuing criminal charges proffered against an accused person. Consequently, the relevant court will usually acquit and discharge the accused person.
Dr. Basabasa: I would be grateful if both of you could share your thoughts on the nolle prosequi filed by Dr. Dominic Ayine on a number of public interest cases including that of the Cocobod, Saglemi Housing Project, Bank of Ghana, and Dr. Cassiel Ato Forson (the new finance minister). It seems to me that the beneficiaries of these discontinuance or withdrawals are politically exposed persons or persons affiliated to the National Democratic Congress.
Professor Nkwantabisa: Dr., the Attorney-General is legally empowered to file nolle prosequi in any criminal case. He is not bound in law to outline reasons for his decision. It is a discretionally power, the exercise of it must align with the principles of probity and accountability, justice and transparency. While Dr. Dominic Ayine may be commended for explaining and justifying the basis of his decision, I think the whole exercise is not necessary. It is also not a priority. The optics do not look good on President Mahama’s government.
Dr. Basabasa: Exactly Prof! Why the rush? Are these withdrawals the most important decisions to be made by the new Attorney-General? What happened to all the miscreants who went their way fomenting troubles, attacking officials and other members of the public, and looting national resources during and after the 2024 General Elections? Ghanaians would have been happier if the new Attorney-General briefed them about the steps his office has taken concerning these criminal activities. Is it the case that the new Attorney-General is not interested in prosecuting these miscreants?
Opanin Wisdom: I am not convinced with the explanations offered by the new Attorney-General. He, for instance, claims that the trial of Dr. Cassiel Ato Forson was politically motivated and that there was no basis to continue with the prosecution. My humble response is that for the sake of good faith, good conscience and credibility; the minister ought to have tread more cautiously. Hon. Ato Forson and his lawyer have the right to file submission of no case for the court to determine whether there is a legal basis for his prosecution. Why did the minister only discontinue cases involving political figures and members of the National Democratic Congress? Are they the only pending criminal cases in Ghana?
Dr. Basabasa: The new Attorney-General also claims that good conscience could not permit him to continue with the prosecution of those cases. My response is that he needs not prosecute those cases personally and that the cases could have been assigned to other fair-minded prosecutors. Will the new Attorney-General have the moral backbone and good conscience to prosecute any appointee of Ex-President Akufo-Addo’s administration or any member of the New Patriotic Party? If yes, will he file nolle prosequi in any of those cases if they are described by his opponents as politically motivated and witch-hunt?
Opanin Wisdom: I think this issue has ignited a dispassionate call to look into prosecution of politically exposed persons by the Attorney-General and Minister of Justice. The state of affairs leaves rooms for abuse of discretionary powers. The ongoing constitutional review processes should nip the matter in the bud.
Professor Nkwantabisa: The good news is that crime has no expiry date and truth never gets rotten. I am sure these cases may resurrect in future when there is a change in administration. Until then the ugly image of the discontinuance of these cases will form part of the things that will leave negative scars on President Mahama’s second administration.
Richard Obeng Mensah, author of Daily Wisdom. The writer is an award-winning prolific author of 9 books, and over 250 articles and op-eds on legal and non-legal themes. The writer is a Fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi-Ghana. He is a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger. The writer is also a Chevening Scholar and a scholar of ALI-incubator.
Email: [email protected]
Mobile: +233 (0)246 556 774.
Blog: https://richard-obeng-mensah.blogspot.com/?m=1
Google scholar link: https://scholar.google.com/citations?user=zh3DbrkAAAAJ&hl=en
Publication History: Authored on 03-05/03/2025 and published on the author’s blog on 05/01/2025.
References:
- MyNewsGh.com, ‘Maximum respect! -Samson Lardy commends AG for explaining case withdrawals’ [GhanaWeb, 13 February 2025] >https://mobile.ghanaweb.com/GhanaHomePage/NewsArchive/Maximum-respect-Anyenini-commends-AG-for-explaining-case-withdrawals-1971295# < Accessed 4 March 2025.
- GNA, ‘Attorney-General defends decision to discontinue Ato Forson’s trial’ [GhanaWeb, 13 February 2025] > https://mobile.ghanaweb.com/GhanaHomePage/NewsArchive/Attorney-General-defends-decision-to-discontinue-Ato-Forson-s-trial-1971298# < Accessed 4 March 2025.
- Judy Assisted Research, ‘Nolle prosequi’ >www.judy.legal/case/republic-v-adu-kwabena-b13fa< Accessed 4 March 2025.
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