OF NOLLE PROSEQUI AND WITHDRAWALS – AT WHAT STAGE OF CRIMINAL PROSECUTION CAN THEY BE ENTERED AND OF WHAT EFFECT DO THEY HAVE IN CRIMINAL JURISPRUDENCE IN GHANA?
The Ghanaian media has been inundated with discussions on the state's decision to discontinue criminal prosecutions against several high-profile individuals of the National Democratic Congress (NDC) which were initiated by the erstwhile NPP government, including Samuel Ofosu Ampofo, Anthony Kwaku Boahen, Dr. Stephen Kwabena Opuni, and Seidu Agongo. The Attorney General's (AG) instruction to withdraw charges has raised questions about the distinction between a Nolle Prosequi and a withdrawal of charges. It's unclear from the information provided whether the AG entered a Nolle Prosequi or simply withdrew the charges. The distinction is crucial, as a Nolle Prosequi would imply that the state is unwilling to continue the prosecution, while a withdrawal of charges might suggest that the prosecution is being discontinued due to other reasons. This article examines the stages at which a Nolle prosequi and Withdrawal can be entered and their effects on criminal tria...