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GREGORY AFOKO (BUREAU OF NATIONAL INVESTIGATIONS REGIONAL OFFICE ACCRA)
V.
ATTORNEY-GENERAL (OFFICE OF ATTORNEY-GENERAL MINISTRY OF JUSTICE ACCRA)

(2019) JELR 66288 (SC)

Supreme Court 19 Jun 2019 Ghana
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- The Supreme Court (majority) held that the Attorney-General’s power to enter nolle prosequi under s.54 of the Criminal and Other Offences (Procedure) Act, 1960 is an executive discretionary act not subject to the requirement under Article

Case Details

Suit Number:WRIT NO. J1/8/2019
Judges:ANSAH JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, PWAMANG JSC (DISSENTING), MARFUL-SAU JSC, DORDZIE (MRS) JSC, KOTEY JSC
Counsel:OSAFO BUABENG FOR THE PLAINTIFF; GODFRED YEBOAH DAME DEPUTY ATTORNEY WITH HIM YVONNE ,BANNERMAN (MS.) PRINCIPLE STATE ATTORNEY FOR THE DEFENDANT
Other Citations:(2019) JELR 65306 (SC)

JUDGMENT

MARFUL-SAU, JSC

The plaintiff in this writ before us, is not questioning the constitutionality of the power of nolle prosequi vested in the Attorney- General in criminal prosecutions in our courts. The plaintiff in the main is urging us, through his writ, to determine whether the nolle prosequi entered by the Attorney- General in his case as an accused person is fair and just in terms of Articles 11 (7) and 296 of the Constitution, particularly, Article 296 (c). It is thus important, to make it clear, in this judgment that this writ is not invoking the jurisdiction of this court to determine the constitutionality or otherwise of the right vested in the Attorney-General to enter nolle prosequi in criminal trials.

The plaintiff by his writ invoking the original jurisdiction of this court sought the following reliefs: -

“1. A declaration that the statutory exercise of the power to enter a nolle prosequi on the 28th January, 2019, pursuant to S. 54 of the Criminal and Other Offences …

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