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

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 …