The Nolle Prosequi that shook Ghana

Nana Addo Dankwa Akufo-Addo prior to ascending to the highest office of the land was perceived to be a man of integrity and honesty with a firm believe in the rule of law and administrative justice. Most Ghanaians believed this man will not tolerate any act of lawlessness and unruliness if voted into office. The rhetoric and demeanour of candidate Akufo-Addo convinced Ghanaians that, he was the perfect description of a proponent and a protagonist of rule of law.

Naturally, any politician who presents themselves as a person who espouses the rule of law will definitely be venerated by the citizenry, because it is the framework that underpins open, fair and peaceful societies, where citizens and businesses can prosper. It is essentially about ensuring that: public authority is bound by and accountable before pre-existing, clear, and known laws. Under any system that upholds the rule of law, citizens are treated equally before the law. It was for this reason and the numerous promises that candidate Akufo-Addo won the confidence of Ghanaians and won the 2016 elections.

Candidate Akufo-Addo presented himself to Ghanaians as a person with an insatiable appetite for instilling discipline through the rule of law and respect for the judiciary. However, some events transpired under his regime which is nothing to write home about, one of those actually shook the entire country. The Nolle Prosequi that President Akufo-Addo advised his Attorney General to file in the infamous Delta Force vigilante group’s case stands out, because of his pedigree in the field of law.

The Delta Force Nolle Prosequi:
In March 2017, barely three months into President Akufo-Addo’s presidency, some thirteen members of a vigilante group believed to be affiliated to the governing New Patriotic Party (NPP), Delta Force in an act of lawlessness stormed the premises of the Ashanti Regional Coordinating Council, demanding the removal of the Regional Security Coordinator, George Adjei. The rowdy group destroyed some properties and forced the Security Coordinator out of his office.

Mr. George Adjei was newly appointed by President Akufo-Addo; however, the group has the temerity and audacity to indicate that they could not work with him because he did not contribute to the party’s electoral success. This uncivilised act of lawlessness created some confusion at the place. Police personnel from the Ashanti Regional Police Command, led by the Deputy Ashanti Regional Police Commander, DCOP David Agyemang Adjem, subsequently arrested the said members of the group.

The bandits were arraigned for the court; the entire country was expecting the rule of law to prevail and for the law to take its course. Whiles the prosecution was on-going, some eight members of the group stormed the Kumasi circuit court and forcefully freed their colleagues whiles assaulting the sitting judge in the process.

The entire country was appalled and disgusted by this uncivilised and irrational behaviour that will not even happen in the jungle, and expected them to be punished in accordance with the laws after they were charged for attacking the court. This has never happened in this country and the shock and uproar was enormously justified.

However, in the most shocking turn of events, the Attorney General and Minister of Justice decided to discontinue the case and subsequently filed Nolle Prosequi to drop the case against eight members who allegedly stormed the Kumasi Circuit Court and freed some of their members who were standing trial, for attacking the Regional Coordinating Council .

According to the then prosecutor, ACP Okyere Darko, the Attorney General, Gloria Akuffo, had instructed the police to stop pursuing the matter because they had insufficient evidence against the accused persons. Obviously, the then Attorney General did not personally take this decision, this decision as a result of the old monster that has been weakening our effort to implement the laws of the land “order from above”. President Akufo-Addo could not stand the sight of the people who played part in making him president being prosecuted.

For a court to freed eight people who have stormed the court in a broad daylight and free accused persons in this 21st Century with the flimsy excuse of lack of evidence, under a president who rose to prominence on the altar of rule of law is the most bizarre form of abuse of power.

Till date, Ghanaians are struggling to understand how a State Attorney could conclude on the lack of evidence when the storming of the court did not take place in a secluded area. No one was told the extent of the investigation the Ghana Police Service conducted. This incident still remains the most shocking and unbelievable decision ever taken by a legal luminary in this country.