Kwaku Azar, top lawyers outraged over ‘Afoko nolle prosequi’ after 4-year trial

Some lawyers and Ghanaians in general on social media with interest in law have questioned the constant abuse of “nolle prosequi” by the Attorney General, Madam Gloria Akuffo, particularly in the case involving Mr Gregory Afoko after his four year trial ends next week.

They are questioning the competence of the Attorney General, demanding clarity on her decision. The state filed nolle prosequi following the apprehension of a second suspect in the murder, one Asabke Alangde.

Many are outraged about her submission of no case in the matter of the Republic Vs Gregory Afoko over the murder of Adams Mahama when the ruling on the case is due next week after four years of trial.

Respected voice on the law Prof Kwaku Azar, while congratulating “the security forces for rounding up Asagbeke, the second suspect in the murder of Adam Mahama”, nevertheless said he is struggling to understand why the state would file nolle prosequi when the Afoko trial has ended.

“I do not understand why his apprehension should lead to a nolle prosequi in the trial of Afoko, the first suspect, when that trial is almost complete.”

Explaining the term, he wrote: “Nolle prosequi allows the prosecution to withdraw a case if, in the course of the trial, it becomes apparent that the charges cannot be proved. Typically, this is so when the prosecution’s case is fatally flawed or that the prosecutor is convinced that the accused is innocent.”

He had questions: “But why should a prosecutor be allowed to withdraw a case that it was sure of and about to send to the jury only because it has now apprehended a second suspect?”

He said there is an abuse.

“Like all other discretionary tools, the power to file nolle prosequi is a useful one but that is subject to prosecutorial abuse.Let us hope the GBA can find its voice on such matters as it does when it comes to the inadequacy of MP salaries”.

Another lawyer, Reindorf Twumasi-Ankrah expressed shock about the development.

“After calling 14 witnesses, the accused opening his case and going through the whole trial and a date has been fixed for jury to read their verdict, the state has filed a nolle prosequi in the Gregory Afoko case?”.

This unruly horse called Nolle prosequi needs to be tamed”.