Can the Practice of Nolle Prosequi by the Attorney-General be Challenged in Ghanaian Courts?

Our paper challenges a long-standing orthodoxy in Ghanaian criminal jurisprudence. We argue that the Attorney-General’s exercise of the power to enter a nolle prosequi under sections 54 and 55 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), following the coming into force of the 1992 Constitution, raises serious constitutional concerns. Specifically, we contend that these provisions are inconsistent with Articles 1(1) & 1(2), 17 (1)-(3), 23, 125 (1) & (3), and 296 of the Constitution.