
Audio By Carbonatix
Private legal practitioner Bobby Banson has shed light on the distinct legal outcomes that arise from the use of nolle prosequi compared to a simple withdrawal of charges.
According to him, nolle prosequi is only entered by the Attorney General, explaining that once a nolle prosequi is entered, “the legal consequences are completely different from the withdrawal.”
He added that while a withdrawal depends on the stage at which it is entered, a nolle prosequi results merely in a dismissal—it “cannot result in an acquittal.”
In an interview on JoyNews' The Law on Sunday, February 2, Mr Banson explained further that the Attorney General can enter a nolle prosequi even after the close of a case for both the prosecution and the defense, and even when the matter has been adjourned for judgment.
Mr Banson explained that a nolle prosequi, entered solely by the Attorney General, signifies the state's decision to discontinue a prosecution. Unlike a withdrawal, a nolle prosequi does not result in an acquittal and can be entered at any stage of the trial, even after the prosecution and defense have closed their cases and the matter is adjourned for judgment.
He cited a historical example from the 1970s or 1980s involving a corruption case where the Attorney General entered a nolle prosequi before judgment, leading to the accused being retried the following day.
Conversely, he noted that a withdrawal depends on the stage of the trial. If entered after the prosecution has closed its case, it results in an acquittal, barring retrial on the same charges.
This follows a recent decision by the Attorney-General to withdraw charges in several high-profile financial cases.
Notably, former Second Deputy Governor of the Bank of Ghana, Dr. Johnson Pandit Asiama, who faced trial for his alleged role in the collapse of UniBank and UT Bank, has been cleared of all charges.
Similarly, former COCOBOD CEO, Dr. Stephen Opuni, has seen legal proceedings against him discontinued. In another significant move, charges have been dropped against Minority Leader Cassiel Ato Forson and businessman Richard Jakpa in the high-profile ambulance procurement case.
Latest Stories
-
Heavy rains: 58 houses collapsed, 18 people died in Cape Coast – Muntaka
2 minutes -
48 Engineers Regiment to clear drains, support flood recovery effort – Interior Minister
14 minutes -
Over 60 communities hit by floods in Volta Region; over 1,200 displaced in Western North – Interior Minister
21 minutes -
TotalEnergies Marketing Ghana PLC holds landmark 50th AGM, reaffirms commitment to shareholders value
28 minutes -
BoG pushes financial regulators to unite as Ghana launches Sustainable Finance Roadmap
35 minutes -
Flooding disaster: 7,761 households affected, 7 still missing – Interior Minister
43 minutes -
ASI Impact Series: Protecting revenue, powering progress in Sierra Leone
43 minutes -
New paid-in capital requirements help Nigerian banks exit forbearance – Fitch
55 minutes -
Heavy security in South Africa as anti-migrant protesters take to the streets
1 hour -
African banks face structural exposure to climate risk; credit implications evolving
1 hour -
NADMO begins registration of Odawna rubber market fire victims
1 hour -
When rains fall, our humanity should rise
1 hour -
Ghana-Germany justice partnership leaves lasting legacy as four-year law project concludes
1 hour -
Continuity: the most powerful force nobody talks about
1 hour -
The Fate of Accra: Countdown to 150 years as the capital city of Ghana
1 hour