The Director of Legal Affairs for the National Democratic Congress (NDC), Godwin Edudzi Tamekloe, has defended the Attorney-General's (A-G) discretionary powers in filing a nolle prosequi to discontinue prosecutions, arguing that such decisions should not be questioned.
Speaking on the matter on the KeyPoints, Tamekloe referenced Sections 54 and 59 of the Criminal Procedure Code (Act 30) and Article 88 of the 1992 Constitution, which empower the Attorney-General to initiate and terminate prosecutions.
Tamekloe disagreed with calls for the A-G to provide reasons for discontinuing cases, arguing that such a requirement would have policy implications and could open a "Pandora's box." "If you have to assign reasons for the exercise of that power, it may create unnecessary legal and political challenges.
From a policy point of view, that disclosure is not material," he argued on February 8.
