Imperative for inquiry into AG’s recent case withdrawals (2)

Based on their findings, legal academics should recommend improving transparency and accountability in exercising prosecutorial discretion.

These may include:

- Guidelines for Discontinuation: Developing clear, publicly available criteria for discontinuing cases to prevent perceptions of bias or political interference.

- Judicial oversight: Exploring mechanisms for judicial review of the AG’s decisions to ensure they align with the principles of justice and fairness.

- Public Reporting: This would require the AG's office to publish regular reports on discontinued cases, including the reasons for each decision.

Per the ordinary wording of Section 54 of Act 30, the Attorney-General has no legal duty to provide reasons for entering the same. So, this should be looked at based on the research findings.

- Legal Reforms: Proposing amendments to Act 30 or other relevant laws to balance the AG’s powers with safeguards against abuse.

Conclusion

Ghana's Attorney General's recent discontinuation of cases raises important legal and ethical questions requiring careful scrutiny.

Legal academics have a unique opportunity and responsibility to conduct unbiased, rigorous research into these decisions, providing evidence-based insights that can inform public debate and policy reform. 

By examining the issue's legal, empirical, and comparative dimensions, researchers can ensure that the exercise of prosecutorial discretion serves the interests of justice, fairness, and the rule of law.

In doing so, we will strengthen Ghana's justice system and uphold the principles of accountability and transparency in governance.

This issue is not merely political but a fundamental question about justice, fairness, and the rule of law in Ghana.

Suppose legal scholars do not interrogate these decisions rigorously.

In that case, Ghana risks entrenching a legal culture where justice is selectively applied, eroding public trust in the judiciary and weakening the country's democratic institutions.

As Dr Theophilus Edwin Coleman, a Legal Academic and Legal Researcher, posits, one of the weaknesses of Ghana's legal regime is the lack of integration of works of legal academics into our jurisprudence.

This is an opportunity to begin to incorporate the work of legal researchers into improving our law, especially now that we have a legal academic who has taught the law as the  Attorney General, Dr Dominic Akuritinga Ayine. He holds a Doctor of Juridical Science (SJD) degree from Stanford Law School.

The Minister of State for Government Information has indicated that the AG would provide reasons for these withdrawals.

It is important in the spirit of transparency, that reasons be provided for such discontinuance. 

These reasons can be a springboard for legal scrutiny, and academic studies.

This will go a long way to augment our jurisprudence on unmasking and confronting the perils of corruption.

The writer is the CEO of Telecoms Chamber.