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REPUBLIC
V.
ABROKWA

(1988) JELR 64306 (HC)

High Court 18 Jan 1988 Ghana
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- Upon the Attorney-General's entry of a nolle prosequi under s.54 of the Criminal Procedure Code, the trial court is mandatorily required to discharge the accused and possesses no discretion to do otherwise; the underlying reasons for the

Case Details

Judges:ABAKAH J.
Counsel:S. Y. ANIM SENIOR STATE ATTORNEY FOR THE REPUBLIC; KWAKU BOATENG (WITH HIM OKYERE-BOATENG) FOR THE RESPONDENT.
Other Citations:[1989-90] 2 GLR 385

ABAKAH J.: The Republic appeals to this court against a ruling given by the Circuit Court, Koforidua on 27 October 1987. By the ruling in question the circuit court purported to rescind an earlier order made by that court at the same sitting, discharging the respondent upon the entry of a nolle prosequi by the Republic. The sole ground of appeal filed on 6 November 1987 reads:

“The trial judge erred in law when he vacated an earlier order made by him on the grounds that a copy of the nolle prosequi ought to be filed at the Court of Appeal before the accused could be discharged.”

Before arguing the substantive appeal, learned Mr. S. Y. Anim, Senior State Attorney, for the Republic, made some observations on certain submissions which he said were made in the circuit court in connection with the matter culminating in this appeal but which were not recorded. On the right of the Attorney-General to enter nolle prosequi Mr. Anim referred me to section 54 of the Criminal Procedure Code, 1960 (…

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