Aisha Huang, Owusu Bempah, Delta Force: 4 times government filed nolle prosequi in high-profile cases

Nolle prosequi is a legal terminology that has become popular in the last few days after Dormaahene Osagyefo Oseadeeyo Agyemang Badu II appealed to government to invoke it in the criminal case involving Assin North Member of Parliament James Gyakye Quayson.

It is simply the dismissal or termination of legal proceedings by the Attorney General.

Two major planks of nolle prosequi are; it is specific to criminal cases and it must also be filed by the A-G before the case closes.

The filing of nolle prosequi, however, doesn't mean the case is discharged and the accused is free forever. Nolle Prosequi is often submitted in cases where the A-G thinks that there are no facts, witnesses or whatever to assist in prosecution.

The Dormaahene's call was premised on the fact that the Quayson trial was of no need to the populace more so the people of Assin North who retained the defendant as their MP even after his tenure was terminated by the Supreme Court in May.

Pro-government voices have outrightly dismissed the call terming it undue interference in the legal process and an attempt to put some people above the law because of their status in society.

If government heeds at any point, it won't be the first time such an application has been made before the courts.

GhanaWeb looks at three high-profile cases in which the Naana Addo Dankwa Akufo-Addo government has filed nolle prosequi.

December 2022 - State vs. Owusu Bempah and others

The police in November 2022 withdrew a case against the General Overseer of the Glorious Word Power Ministry, Rev Isaac Owusu Bempah.

The preacher and three others were facing charges, including causing harm to police officers.

Rev. Owusu Bempah together with Michael Boateng, Frederick Ohene and Nathaniel Agyekum all pleaded not guilty to two charges of abetment to cause harm and unlawful damage.

But Police Prosecutor Insp. Jonas Lawer told the court that the state decided to withdraw the charges against the accused persons without providing any reason.

The Accra Circuit Court, therefore, declared the case withdrawn and directed the discharge of the accused persons.

The nolle prosequi entry came two weeks after Owusu Bempah and six others were discharged by another Circuit Court on November 30, following a similar withdrawal for threats of death on Nana Agradaa.

OSP vs. Mahama Ayariga

Kissi Agyebeng, the Special Prosecutor, on October 11, 2022 entered a “nolle prosequi” to discontinue the case against Mahama Ayariga, the NDC Member of Parliament for Bawku Central.

Speaking to journalists after his filing, Agyebeng said, “This morning [Monday] we entered a nolle prosequi in respect of the second case against Mahama Ayariga and Kenrick Marfo.

“It’s simple: after I assumed office, we have further scrutinised the docket [and], upon the available evidence, we deem that the republic would be unable to prove its case.

“It would be a complete waste of time if we were to open this case further and go to a length where it will only be dismissed on the submission of no case to answer,” Agyebeng told journalists outside the court.



May 2017 - State vs. NPP Delta Force members

The Attorney General dropped its case against eight members of pro-New Patriotic Party (NPP) vigilante group, Delta Force, who allegedly stormed the Kumasi Circuit Court and freed some of their members who were standing trial.

According to the prosecutor, ACP Okyere Darko, the then Attorney General, Gloria Akuffo, had instructed the police to stop pursuing the matter because they had insufficient evidence against the accused persons.

The court, presided over by Her Honour, Patricia Amponsah, therefore discharged the accused and dismissed the case.

The 8 members of Delta Force were standing trial for allegedly storming the court premises in 2017 to free 13 of their members who were charged with conspiracy to assault for vandalizing property at the Ashanti Regional Coordinating Council and assaulting the Regional Security Coordinator because they were against his appointment.

State vs. Aisha Huang

Then there is the infamous Aisha Huang case in which on December 19, 2018, without giving any reasons, the State Attorney, Mercy Arthur, presented an application for nolle prosequi to the Accra High Court, that was presided over by Justice Charles Ekow Baiden.

Aisha and her compatriots were first arraigned on May 9, 2018 for engaging in illegal small-scale mining at Bepotenten in the Amansie Central District of the Ashanti Region.

Aisha Huang was charged with three counts of undertaking small-scale mining operations, contrary to Section 99 (1) of the Minerals and Mining Act, 2006 (Act 703); providing mining support services without valid registration with the Minerals Commission, contrary to the Minerals and Mining Act, 2006 (Act 703), and the illegal employment of foreign nationals, contrary to the Immigration Act, 2000 (Act 573).

It was also alleged that she had granted sexual favours to some top officials and continued to enjoy their support due to threats of blackmail if they attempted to expose her.



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