A seven member panel of the Supreme Court has thrown out an application by Gregory Afoko challenging the discontinuation of his murder trial at the High Court.
The panel, chaired by Justice Julius Ansah, unanimously dismissed the application on grounds that the Attorney General has the mandate to initiate such an action.
The court held that filling of a Nolle Prosequi is an executive discretionary powers and not quasi in nature and therefore asking the Supreme Court to quash it, is out of order.
Afoko, has been standing trial since May 20, 2015 when he was arrested for the acid incident which led to the death of the then Upper East Regional Chairman of the New Patriotic Party (NPP), Adams Mahama.
The Attorney General, following the arrest of one Asabke Alangde who is believed to have acted together with Afoko to commit the alleged crime, filed a nolle prosequi to stop the trial. But Afoko, whose trial was almost ending, went to the Apex Court to challenge the Attorney General’s action.
