Home News Legal Expert Condemns AG’s Nolle Prosequi Use in Ghana Corruption Cases

Legal Expert Condemns AG’s Nolle Prosequi Use in Ghana Corruption Cases

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Austin Kwabena Brako Powers

Private legal practitioner Austin Brako-Powers has criticized Ghana’s Attorney-General Dr. Dominic Ayine for prioritizing financial recovery over criminal accountability in corruption cases, warning that the frequent use of nolle prosequi to terminate prosecutions “will normalize corrupt practices.”

Speaking on TV3’s Key Points (August 2), Brako-Powers noted Ayine filed more discontinuations within six months than any predecessor, urging: “It should always be in the government’s interest to punish to deter.”

The rebuke follows Ayine’s July 22 termination of the criminal trial against directors of collapsed Unibank, citing their repayment of 60% of state losses a threshold set by the Attorney-General’s Office for case reconsideration.

A statement defended the decision under Article 88(3) of Ghana’s constitution, framing it as a “pragmatic step” to recover public funds. While acknowledging the move “does not imply absence of wrongdoing,” Ayine asserted prosecution no longer served public interest after “significant recoveries.”

Critics including policy think tank IMANI Africa have contested the repayment claims. Brako-Powers’ intervention amplifies concerns that negotiated settlements undermine judicial deterrence, particularly in financial sector cleanup cases stemming from Ghana’s 2017–2019 banking crisis.



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