By Kwame Bediako
Lawyer Anokye Frimpong expounded on the meanings and nuances of the legal terms “plea bargains” and “nolle prosequi,” emphasizing their origins and application in the common law system during an interview on GTV’s Breakfast Show.
He began by clarifying the Latin roots of these terms, noting that their pronunciation in Latin differs from the anglicized versions commonly used in Ghanaian legal discourse.
He explained that nolle prosequi is a prosecutorial power available within the common law system, which Ghana follows as a former British colony. He contrasted the common law system with the civil law or Roman law system found in much of continental Europe.
According to him, unlike the codified nature of civil law, Ghana’s common law framework is skeletal and highly dependent on judicial interpretation to define and apply legal principles.
“Our law is so skeletal. Look at the Criminal and Other Offences Act, the Companies Act, very small, and interpretations are given by judges. So our law is judge-made. No matter what is written, it takes a judge to give an interpretation before you know your fate,” Lawyer Anokye Frimpong outlined.
He elaborated that in the common law tradition, laws such as the Criminal Offences Act or Companies Act are brief and require judges to interpret their provisions, which shapes how justice is administered.
By contrast, in civil law countries, the outcomes are more predictable because the laws are extensively codified and written before any court proceedings.
Highlighting the role of the Attorney-General in Ghana’s legal system, Lawyer Frimpong stated that the Attorney-General holds the discretionary power to file a nolle prosequi, effectively nullifying a prosecution at any stage before judgment is delivered.
“At any stage of the prosecution, the Attorney-General can file a document known as the entry of nolle prosequi. Nolle, a Latin word from which ‘nullification’ comes. So you nullify prosecution—that is nolle prosequi,” Lawyer Anokye Frimpong explained.
He added that once a nolle prosequi is entered, no one can compel the Attorney-General to justify the decision or provide reasons for discontinuing the prosecution.
“The moment it is filed, nobody has the right to ask the Attorney-General why it was filed or to support it with reasons. So, he is not compelled to give any,” he concluded.
Lawyer Frimpong’s detailed exposition offers important clarity on how prosecutorial discretion operates in Ghana’s legal system, reflecting the country’s adherence to common law traditions.
