I reserve the right to bring fresh charges, after nolle prosequi is filed – Ayine

Dr. Dominic Akuritinga Ayine, Attorney General and Minister of Justice, has shed light on the technical differences between entering a nolle prosequi and withdrawing charges in criminal cases.

According to Dr. Ayine, the power to enter a nolle prosequi is derived from section 54 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), which allows the Attorney General to terminate proceedings at any stage of a criminal trial. Notably, the statute does not require the Attorney General to provide reasons for this decision.

However, Dr. Ayine emphasized that constitutional principles, specifically article 296, mandate the Attorney General to be transparent in exercising discretionary power. He stressed, “I cannot fathom how one can be candid without explaining one’s actions.”

A key distinction lies in the consequences of entering a nolle prosequi versus withdrawing charges. Dr. Ayine explained, “When a nolle prosequi is used by the Attorney General to terminate proceedings in a criminal trial, he reserves the right to bring fresh charges against the accused person in the future.”

In contrast, withdrawing charges pursuant to section 59 of the same Act results in the accused being deemed acquitted and discharged, provided the prosecution has closed its case. Dr. Ayine clarified, “So, in all the cases in which I have withdrawn the charges against the accused persons, and the prosecution has closed its case, those accused persons are considered to have been acquitted and discharged.”