A lawyer wants AG's power to put an end to criminal cases be reconsidered

General News on Tuesday, January 29, 2019

Source: 3news.com

2019-01-29

Judge Srem Sai, a private lawyer, has requested a review of the provision of Ghanaian law that gives the Attorney General the power to form minutes (drop offs) in criminal cases.

For him, it is unfair that the Attorney General files a prosequi nose in a case that has been heard and that has almost reached its end and decides to start again to pursue the same case.

His comments follow a nolle prosequi form Monday issued by the Attorney General in the case of the murder of the president of the region of the New Patriotic Party of the Far East, Adam Mahama.

The trial of Gregory Afoko, who had been accused of murder and conspiracy before the Accra High Court, was about to end two years ago, the judgment was to be rendered when the Attorney General had filed his case. request.

The action of the GA followed the arrest of a new suspect in the Asabke Alangdi case. He allegedly plotted with Afoko to attack the late NPP president 's acid at his residence in Bolgatanga in May 2015.

On Monday night on TV3 News @ 10, Mr. Srem Sai said that it was unfair to subject anyone who has been under trial all these years to the complete process.

"The question that will arise is whether we are fair to the person who has been on trial all this time. It is a question of equity. is it fair for someone who has been sued until the close of a case, with 14 witnesses called to testify? He asked.

He added that the Attorney General should not have started the trial if he felt that there was more information to collect.

"It's a question of what this new person brings on board? Could this information be integrated, and if this information was not available, what convinced the Attorney General to commence the proceedings at the outset? He asked.

According to Mr Srem Sai, the case which led to the filing of a report requests a reconsideration of the power of the MA to file such requests. "This is a very difficult question that I think needs to be looked at very closely, not only with respect to the accused but also with respect to the victim.

"This case offers the possibility of judicial review of the use of Attorney General's powers to enter the trial record," he said. He said that there is a school of thought in law which says that the power of the AG of prosewho is not subject to judicial review, while there is another school of thought that is not agree with that.

The lawyer said that there was no public authority that could not be considered by a court. The lawyer argued, however, that there was a legal provision that subject all the prosecutor's powers to review.

"All discretion is subject to the control of Article 296. This means that the power of the AG to enter nolle prosequi is also subject to judicial review, and I belong to this school teaches that the power is not beyond the jurisdictional control. "

He stated that the family of the first suspect, Gregory Afoko, could challenge the decision of the Attorney General to use the power to drop nolle prosequi if they so wished.