Why the Government’s Position on Nolle Prosequi in the Constitutional Review Committee Report Should Be Rejected by Ghanaians

Ghana’s constitutional order is not frozen in the common-law traditions inherited from England. Those traditions remain relevant, but they operate subject to the supreme authority of the 1992 Constitution. Therefore, the question Ghanaians must confront is both simple and fundamental: once the State has commenced a criminal prosecution before an independent court, should a single public officer retain the unilateral power to terminate that proceeding without judicial approval, prescribed conditions, or a mandatory duty to provide reasons?