In a recent statement, Godwin Edudzi Tamekloe, Director of Legal Affairs for the National Democratic Congress (NDC), emphasized that the Attorney-General (A-G) has discretionary powers to discontinue high-profile cases without needing to provide reasons. This stance was in response to calls from private legal practitioner Martin Kpebu for the A-G to justify discontinuing such cases.
Tamekloe cited Sections 54 and 59 of the Criminal Procedure Code (Act 30) and Article 88 of the 1992 Constitution, which grant the A-G the authority to initiate and terminate prosecutions without being questioned. He argued that requiring the A-G to provide reasons for discontinuing cases could have policy implications and create unnecessary legal and political challenges.
To support his argument, Tamekloe referenced a case in the United Kingdom where the Attorney-General halted an arms deal scandal involving Saudi Arabia due to potential implications for the monarchy. He also mentioned the Gregory Afoko v. Attorney-General case, where the Supreme Court upheld the A-G’s authority to discontinue cases.
While acknowledging concerns about potential abuses of power, Tamekloe emphasized the need for a broader conversation on balancing prosecutorial discretion with accountability, transparency, and justice. He believes that imposing a mandatory requirement for the A-G to provide reasons for discontinuing cases is not the solution.
Ruth Abla ADJORLOLO
