Don’t intervene with the guideline of legislation; energy isn’t a license for crime – Atta-Akyea – Life Pulse Daily
Editor-in-chiefJanuary 9, 20264 Mins read54
Don’t intervene with the guideline of legislation; energy isn’t a license for crime – Atta-Akyea – Life Pulse Daily
Introduction
In a powerful statement that underscores the importance of judicial independence and constitutional integrity, former Member of Parliament for Abuakwa South, Samuel Atta-Akyea, has issued a stern warning against political interference in the administration of justice. Speaking on PleasureNews’ AM Show on January 9, 2026, Atta-Akyea emphasized that democracy demands unwavering respect for the rule of law, regardless of who holds executive power. His remarks come amid growing concerns over the weaponization of prosecutorial discretion and the erosion of institutional checks and balances in Ghana. This article examines the significance of his statements, the constitutional framework governing prosecutorial powers, and the broader implications for democratic governance in Ghana.
The Core Message
Atta-Akyea’s central message is clear: occupying a position of power does not grant immunity from legal accountability. He stated, “The fact that you are in power does not license you to be criminal.” This principle is fundamental to any functioning democracy and serves as a critical safeguard against authoritarianism and state capture.
Key Points
- Judicial Independence is Non-Negotiable
- Prosecutorial Discretion Must Be Exercised Responsibly
- Consistency in Legal Application
- The Constitutional Framework
Background
The Role of the Attorney-General
In Ghana’s constitutional framework, the Attorney-General is the chief legal advisor to the government and the head of the Ministry of Justice. The office is vested with the power to institute, undertake, take over, and continue or discontinue criminal proceedings, subject to any directions by the President. This power is derived from Article 88 of the 1992 Constitution and the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
Historical Context of Nolle Prosequi
The use of nolle prosequi has been a contentious issue in Ghanaian politics. Critics argue that it has been used selectively to protect individuals with political connections, thereby creating a two-tiered justice system. Atta-Akyea’s remarks reflect a broader concern about the politicization of legal institutions and the erosion of public trust in the justice system.
The Current Political Climate
Atta-Akyea’s comments come at a time when Ghana’s democratic institutions are under intense scrutiny. Allegations of corruption, misuse of state resources, and political interference in the judiciary have fueled public debate about the need for institutional reform and greater transparency.
Analysis
The Constitutional Basis of Prosecutorial Power
Article 88 of the 1992 Constitution grants the Attorney-General broad discretion in the prosecution of criminal offenses. However, this power is not absolute. It is subject to the principles of natural justice, the rule of law, and the requirement that public officials act in the public interest. The use of nolle prosequi must be justified on legal and factual grounds, not on political considerations.
The Impact of Political Interference
When prosecutorial decisions are influenced by political considerations, it undermines the credibility of the justice system and erodes public confidence. It creates a perception that the law is applied selectively, favoring the powerful and connected while holding the less influential to account. This double standard is antithetical to the principles of equality before the law and due process.
The Role of Public Opinion
Atta-Akyea’s public condemnation of the Attorney-General’s actions reflects a growing demand for accountability and transparency in Ghanaian politics. Citizens are increasingly vocal in their expectation that public officials uphold the rule of law and act in the public interest. This shift in public opinion may serve as a check on the abuse of power.
The Need for Reform
The controversy surrounding the use of nolle prosequi highlights the need for legal and institutional reforms to ensure that prosecutorial discretion is exercised in a manner that is transparent, accountable, and consistent with the principles of justice. This may include the establishment of guidelines for the use of nolle prosequi, greater oversight of prosecutorial decisions, and mechanisms for public scrutiny.
Practical Advice
For Citizens
1. **Stay Informed**: Keep abreast of legal and political developments that affect the administration of justice.
2. **Engage Constructively**: Participate in public discourse and advocate for reforms that strengthen the rule of law.
3. **Support Independent Institutions**: Back efforts to strengthen the independence and integrity of the judiciary and other legal institutions.
For Policymakers
1. **Review Legal Frameworks**: Assess the adequacy of existing laws governing prosecutorial discretion and consider necessary reforms.
2. **Promote Transparency**: Ensure that prosecutorial decisions are made transparently and are subject to appropriate oversight.
3. **Uphold the Rule of Law**: Demonstrate a commitment to the rule of law and resist pressures to interfere in legal processes.
For Legal Practitioners
1. **Maintain Professional Integrity**: Uphold the highest standards of professional conduct and resist political pressures.
2. **Advocate for Justice**: Use your position to advocate for fair and impartial application of the law.
3. **Educate the Public**: Help to educate the public about the importance of the rule of law and the role of legal institutions.
FAQ
What is nolle prosequi?
Nolle prosequi is a legal term that refers to the decision of a prosecutor to discontinue criminal proceedings against an accused person. It is a discretionary power that allows the prosecution to drop charges for various reasons, including insufficient evidence, public interest, or the health of the accused.
Can the Attorney-General’s decision to enter nolle prosequi be challenged?
Yes, the decision to enter nolle prosequi can be challenged in court. However, the courts generally afford the Attorney-General a wide discretion in this regard. Challenges are typically based on arguments that the decision was made in bad faith, was arbitrary, or violated constitutional principles.
What are the implications of political interference in the justice system?
Political interference in the justice system undermines the rule of law, erodes public trust in institutions, and creates a perception of bias and favoritism. It can lead to a breakdown in the rule of law, increased corruption, and a decline in democratic governance.
How can prosecutorial discretion be made more transparent?
Transparency in prosecutorial discretion can be enhanced through clear guidelines, public reporting of decisions, independent oversight mechanisms, and opportunities for public scrutiny and feedback.
What role does the public play in upholding the rule of law?
The public plays a crucial role in upholding the rule of law by demanding accountability, participating in democratic processes, and supporting independent institutions. Public awareness and engagement are essential for maintaining the integrity of the justice system.
Conclusion
Samuel Atta-Akyea’s remarks serve as a timely reminder of the fundamental principles that underpin democratic governance. The rule of law, judicial independence, and the impartial application of justice are not mere legal concepts; they are the cornerstones of a just and equitable society. As Ghana continues to navigate the challenges of democratic consolidation, it is imperative that all stakeholders—citizens, policymakers, and legal practitioners—remain vigilant in their commitment to these principles. Only through collective effort and unwavering dedication to the rule of law can Ghana build a society where justice is truly blind and power is never a license for crime.
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