May 30, 2024

A law lecturer at the Ghana Institute of Management and Public Administration (GIMPA) and a political Lawyer, Dr. Kwaku Annane Gyinde, has revealed that, it is the state and not government that determines which actions are legal or illegal and which offence is seen as a criminal offence.

Lawyer Annane Gyinde said this in reaction to the recent development of the James Gyakye Quayson criminal trial.

It will be recalled that, the Dormaahene, Osagyefo Oseadeeyo Agyeman Badu II, speaking at the 10th Anniversary Lecture in honor of Prof. John Evans Atta Mills, appealed to President Nana Addo Dankwa Akufo-Addo and the Attorney General, Godfred Dame to discontinue the criminal trial of the newly sworn in Member of Parliament for Assin North, James Gyakye Quayson.

According to the Law Lecturer, “it is the country that has formulate a law that, if you do this, you have offend us, so it is about the state and not government” and therefore believes the James Gyakye Qauyson’s case should not politicize and urged all and sundry to allow the law to take its full course.

On the issue of Nana Dormaahene appealing to the Attorney General to file a nolle prosequi to end the trial, Dr. Kwaku Annane Gyinde said, “He saying the Attorney to file a nolle prosequi, this is how the nolle prosequi works, if a case is brought before the Attorney General, he will look at the facts and evidence of the case and aligned it with the law, if he believes he will get what he wants from the court, then he will proceed and go to court but if he believes he don’t have enough evidence and proceeding the case will be a waste of time, then he will file a nolle prosequi which means the state is no longer interested in the case”

He further explained that, the powers to file a nolle prosequi is reserved only for the Attorney General and not even the government can advise him to file a nolle prosequi.

“It is only the Attorney General who has the power to file the nolle prosequi so nobody, including the Dormaahene can tell, advice, encourage or appeal to the Attorney General to file a nolle prosequi not even the government can tell him to do that”

“He as a professional lawyer will use his professional judgement to look into the facts and evidence of the case and the applicable law to make a decision to file a nolle prosequi or not” He disclosed.

Source: Blankson