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.