Kwaku Azar and leading advocates indignant against "Afoko nolle prosequi" at the end of a four-year trial

General News on Tuesday, January 29, 2019

Source: mynewsgh.com

2019-01-29

Lawyers and Ghanaians in general on social media with an interest in the law questioned the fact that Ms. Gloria Akuffo, Attorney General, had consistently abused "nolle prosequi".

They question the Attorney General's jurisdiction and seek clarification of his decision. The state filed a complaint after the arrest of a second suspect in the murder, Asabke Alangde.

Many are scandalized by the fact that she has presented no case in the Republic vs Gregory Afoko case concerning the murder of Adams Mahama, while the decision on this case is due next week after four years of trial. .

Respected voice of the law, Professor Kwaku Azar, while praising "the security forces for arresting Asagbeke, the second suspect in the murder of Adam Mahama," nonetheless stated that he "s safe. Strove to understand why the state would file a report after the trial of Afoko ended.

"I do not understand why his apprehension should lead to a prosequi nose in the trial of Afoko, the first suspect, while this trial is almost over."

Explaining the term, he wrote: "Nolle prosequi allows the prosecution to withdraw a case if, during the trial, it appears that the charges can not be proven. This is usually the case where the prosecution record is irretrievably flawed or the prosecutor is satisfied that the accused is innocent. "

He had questions: "But why should an attorney be allowed to withdraw a case of which he is certain and about to be sent to the jury only because he has now apprehended a second suspect?"

He said that there is an abuse.

"Like all other discretionary tools, the power to file nolle prosequi is helpful, but it can be the subject of abusive lawsuits. Let us hope that the ACS can be heard on such issues, as it does for the inadequacy of the salaries of the deputies ".

Reindorf Twumasi-Ankrah, another lawyer, said he was shocked by the changing situation.

"After calling 14 witnesses, the accused opened his file and started the entire trial and a date was set for the jury to hear their verdict, the state filed a report in the case Gregory Afoko? "

This unruly horse called Nolle prosequi must be tamed.