The legal term "nolle prosequi" has gained popularity in recent days as a result of a request made by Dormaahene Osagyefo Oseadeeyo Agyemang Badu II to the government to use it in the criminal case involving Assin North Member of Parliament James Gyakye Quayson.

Government has employed the legal action known as nolle prosequi on four notable occasions in high-profile cases. Nolle prosequi refers to the dismissal or termination of legal proceedings by the Attorney General.

There are two key aspects to nolle prosequi: it applies specifically to criminal cases and must be initiated by the Attorney General before the case concludes.

It is important to note that the filing of nolle prosequi does not automatically result in the complete discharge of the accused, granting them permanent freedom. Nolle prosequi is typically utilized when the Attorney General determines that there is insufficient evidence, witnesses, or other factors to support the prosecution.

In the case involving Quayson, the Dormaahene's appeal was based on the belief that the trial was unnecessary, particularly considering that the people of Assin North had reelected Quayson as their Member of Parliament despite the Supreme Court's ruling to terminate his tenure in May.

Certain pro-government voices have strongly rejected the appeal, labeling it as undue interference in the legal process and an attempt to afford special privileges to individuals based on their societal status.

Should the government choose to act on this appeal, it would not be the first time such an application has been made before the courts.

GhanaWeb highlights three prominent cases in which the government of Naana Addo Dankwa Akufo-Addo has utilized nolle prosequi.

OSP vs. Mahama Ayariga

On October 11, 2022, Kissi Agyebeng, the Special Prosecutor, filed a "nolle prosequi" to end the prosecution of Mahama Ayariga, the NDC Member of Parliament for Bawku Central.

Agyebeng said in a statement to the media following his submission, "We entered a nolle prosequi in relation of the second case against Mahama Ayariga and Kenrick Marfo this morning [Monday].

“It’s simple: after I assumed office, we have further scrutinised the docket [and], upon the available evidence, we deem that the republic would be unable to prove its case.

“It would be a complete waste of time if we were to open this case further and go to a length where it will only be dismissed on the submission of no case to answer,” Agyebeng told journalists outside the court.

May 2017 - State vs. NPP Delta Force members

The case against eight individuals linked to the pro-New Patriotic Party (NPP) vigilante group, Delta Force, who were accused of forcibly entering the Kumasi Circuit Court to release fellow members on trial, has been dropped by the Attorney General.

During the court proceedings, the prosecutor, ACP Okyere Darko, revealed that the Attorney General at the time, Gloria Akuffo, had directed the police to cease pursuing the case due to insufficient evidence against the defendants.

As a result, the presiding judge, Her Honour Patricia Amponsah, discharged the accused individuals and dismissed the case.

The eight Delta Force members were facing trial for their alleged involvement in the 2017 incident where they stormed the court premises to free thirteen members who were facing charges of conspiracy to assault. The charges stemmed from the destruction of property at the Ashanti Regional Coordinating Council and the assault of the Regional Security Coordinator, as they opposed his appointment.

State vs. Aisha Huang

Huang

Then there is the infamous Aisha Huang case in which on December 19, 2018, without giving any reasons, the State Attorney, Mercy Arthur, presented an application for nolle prosequi to the Accra High Court, that was presided over by Justice Charles Ekow Baiden.

Aisha and her compatriots were first arraigned on May 9, 2018 for engaging in illegal small-scale mining at Bepotenten in the Amansie Central District of the Ashanti Region.

Aisha Huang was charged with three counts of undertaking small-scale mining operations, contrary to Section 99 (1) of the Minerals and Mining Act, 2006 (Act 703); providing mining support services without valid registration with the Minerals Commission, contrary to the Minerals and Mining Act, 2006 (Act 703), and the illegal employment of foreign nationals, contrary to the Immigration Act, 2000 (Act 573).

It was also alleged that she had granted sexual favours to some top officials and continued to enjoy their support due to threats of blackmail if they attempted to expose her.