NPP Accuses Ghana AG Dominic Ayine of Prosecutorial Abuse: Protecting NDC Individuals Through Nolle Prosequi

Introduction

In a heated political development in Ghana, the New Patriotic Party (NPP) has leveled serious accusations against Attorney General (AG) and Minister for Justice, Dr. Dominic Ayine, claiming he is abusing prosecutorial powers to shield National Democratic Congress (NDC) allies in corruption cases. This controversy centers on the AG’s use of nolle prosequi, a legal tool to discontinue prosecutions, in at least 10 high-profile matters over the past eight months. NPP General Secretary Justin Kodua Frimpong raised these concerns during a press conference in Accra on November 5, 2025.

This article breaks down the allegations, explains key legal concepts like prosecutorial discretion and nolle prosequi in the Ghanaian context, and provides a pedagogical guide to understanding how such practices impact Ghana’s fight against corruption. If you’re searching for insights into “NPP accuses AG of protecting NDC” or “abuse of prosecutorial powers Ghana,” this comprehensive overview delivers verified facts, analysis, and practical takeaways.

Background on Ghana’s Political Landscape

Ghana’s two major parties, NPP and NDC, have alternated power, with NDC currently in government as of 2025. The Office of the Attorney General holds significant authority under Article 88 of the 1992 Constitution, serving as the chief prosecutor with discretionary powers over criminal cases.

Analysis

The core of the NPP’s critique is the AG’s alleged partisan use of prosecutorial discretion. Prosecutorial discretion refers to the AG’s authority to decide whether to initiate, continue, or terminate prosecutions, guided by public interest and evidence sufficiency. In Ghana, this is enshrined in the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), and common law principles.

### Understanding Nolle Prosequi in Ghana
Nolle prosequi (Latin for “we shall no longer prosecute”) is a formal entry by the prosecution to halt proceedings, often entered before a trial verdict. It does not acquit the accused but bars retrying the same charges without court permission. NPP claims Dr. Ayine has filed this in numerous cases involving NDC-linked individuals accused of embezzling state funds amounting to tens of millions of dollars.

### NPP’s Specific Allegations
Justin Kodua Frimpong asserted that in the “remaining 8 months” of the AG’s term—likely referring to the administration’s tenure—the AG entered nolle prosequi in no fewer than 10 instances. He described this as a “development” unprecedented in Ghana’s history, accusing the AG of freeing “political cronies” and using some accused as witnesses against former NPP officials from the previous administration.

This pattern, per NPP, constitutes “blatant abuse of prosecutorial discretion,” selectively protecting ruling party allies while pursuing opposition figures. Such claims highlight tensions in Ghana’s judicial independence, where the AG is both government minister and independent prosecutor.

Summary

On November 5, 2025, NPP General Secretary Justin Kodua Frimpong accused Ghana’s Attorney General Dr. Dominic Ayine of abusing prosecutorial powers by entering nolle prosequi in at least 10 corruption cases involving NDC individuals over the past eight months. The party alleges this shields allies who allegedly stole millions from the state and involves deals to turn them into witnesses against ex-NPP officials. Frimpong called it a historically partisan misuse of the AG’s office.

Key Points

Practical Advice

For Ghanaian citizens and observers tracking “abuse of prosecutorial powers Ghana,” here’s actionable guidance to engage responsibly:

Monitoring AG Actions

Review public records on the Attorney General’s Department website or Judicial Service portals for nolle prosequi filings. Cross-reference with Office of the Special Prosecutor (OSP) reports on corruption cases.

Reporting Suspected Abuse

File complaints with the Commission on Human Rights and Administrative Justice (CHRAJ) or OSP if evidence suggests misuse. Use Ghana’s Right to Information Act, 2019 (Act 989), to request case details.

Civic Engagement

Attend press conferences like NPP’s and verify claims via multiple sources. Support judicial reforms for greater AG independence, as recommended by the Justice Marful-Sau Committee in 2020.

Educational Tools

Study Ghana Bar Association resources or Constitution articles 88-90 for prosecutorial roles. Apps like Ghana Law Hub provide case trackers.

Points of Caution

While NPP’s accusations spotlight potential “NPP accuses AG Dominic Ayine” issues, approach with care:

• Unproven Claims: These are allegations; no court has ruled on abuse.
• Political Context: As opposition, NPP may amplify critiques pre-elections.
• Legal Norms: Nolle prosequi is lawful if public interest justifies it, e.g., insufficient evidence.
• Media Bias: Original reports include disclaimers that views are not the publisher’s policy.
• Avoid Speculation: Focus on verifiable statements from the press conference.

Comparison

### Historical AG Practices in Ghana
Past AGs have used nolle prosequi, but rarely at this alleged scale. For instance, under NPP’s AG Gloria Akufo-Addo (pre-2021), similar tools addressed Agyapa deal probes, drawing NDC criticism. In 2018, AG Gloria Akuffo discontinued some cases amid public outcry, but not labeled as partisan by scale.

Vs. Previous Administrations

This mirrors cyclical partisan claims, underscoring calls for depoliticizing the AG role.

Legal Implications

NPP’s claims invoke Article 296 of Ghana’s Constitution, prohibiting abuse of discretionary power through bias or improper motive. If proven, it could lead to judicial review via certiorari or CHRAJ probes. However, courts uphold AG discretion unless malice is evident (e.g., Republic v. Attorney-General ex parte Tuffour, 1980).

Consequences of Abuse

• Criminal Liability: Possible under Anti-Corruption Act if bribes involved.
• Civil Remedies: Accused parties could sue for malicious prosecution.
• Reforms: Aligns with 2020 recommendations to split AG from Justice Minister roles.

Applicable only if facts substantiate; currently, no formal challenge filed.

Conclusion

The NPP’s accusations against AG Dominic Ayine for “abuse of prosecutorial powers Ghana” via nolle prosequi in NDC-linked corruption cases underscore deep political divides. Justin Kodua Frimpong’s November 5, 2025, statement demands scrutiny of the AG’s office to ensure impartial justice. While nolle prosequi remains a valid tool, its alleged selective application risks eroding public trust in Ghana’s anti-corruption efforts. Citizens must demand transparency, supporting institutions like OSP. This episode highlights the need for structural reforms to safeguard prosecutorial integrity amid “NPP accuses AG of protecting NDC” debates.

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