Art 88 minister, legal adviser, prosecution of civil and criminal cases for state, against him as defendant. 3 branches, Drafting, Prosecution-Director of Public Prosecutions, Civil-Solicitor General. S 3 of Amendment to Act 30 replace private persons with AG to initiate criminal proceedings.
Law Officers Act S 1 AG officer is one not below rant of state attorney. S 3 rank deputy AG, solicitor general, director of legislative drafting or DPP, chief state attorney, principal state attorney, senior state attorney, state attorney, assistant state attorney and others as AG declare. S 2 Doc from AG prima facie proof of authority. S 55 AG may authorize one in writing to represent or sign in indictment for republic, and same may be revoked. AG may call for whatever docket with police to study, advise or prosecute. AG be independent of party and ministerial loyalty per VCRAC Crabbe KNUST memorial lecture.
All police not below sergeant and ceps officers prosecute offences. AG deals with 1st degree felonies, death penalties. Actions against police and medical and surgical officers with regards to work only with AG’s consent. Police arraigns person before DC or CC on a charge in a charge sheet per S 60.Police prosecutes on instructions of AG.
Nolle Prosequi: S 54 at any stage of trial before judgement or trial in DC preliminary hearing, in writing or oral to discontinue prosecution with or without reason. Accused is discharged but not acquitted and may be further charged on same facts. Released if imprisoned, recognisances discharged, case at end and judge has no jurisdiction to continue. Republic v Abrokwa AG officer not mandated to give reasons or show AG’s authority to enter nolle prosequi, its effect is to bring proceeding to end. Applied in Republic v Dr. Tutu Gyamfi overruling Republic v Adu Kwabena.
Withdrawal: S 59 unlike nolle can be entered at any time before judgement or verdict, but if made before prosecution closes its case accused is discharged, and if after prosecution closes its case the effect being a discharge and acquittal.