Private legal practitioner, Kwaku Paintsil, has clarified that the Attorney General (A-G) has full discretionary powers under Ghana’s laws to discontinue a criminal case at any point, even without any explanation to the public.
Speaking on Adom FM’s Dwaso Nsem, Mr. Paintsil explained that the discontinuation of a case does not equate to the accused being set free permanently, as such cases can be reopened when necessary.
His comments follow the recent discharge of Daniel Owusu Koranteng, who was accused of murder and abetment in the 2019 killing of investigative journalist Ahmed Suale.
The Madina District Court on Tuesday, October 14, 2025, freed Koranteng after the Attorney General advised that the case be discontinued.
Mr. Paintsil noted that the decision, known in legal terms as nolle prosequi, is well within the Attorney General’s constitutional authority.
“When it comes to court cases, the Attorney General can decide to discontinue prosecution and owes no one an explanation. This is the same power that was exercised in the Dr. Duffuor and UniBank case after several years,” he stated.
He further explained that discontinuation often happens when a suspect has been in custody for a long time or when evidence remains inconclusive.
“A discharge doesn’t mean dismissal. It simply means proceedings have been halted for now. The case can be revisited if new evidence emerges,” he said.
According to him, such flexibility within Ghana’s legal system reflects the balance between justice and human rights, ensuring that individuals are not indefinitely detained without sufficient proof.
“Our legal framework was designed with human rights in mind. The framers of the Constitution anticipated such challenges, which is why the law allows for this discretion,” he added.
Mr. Paintsil also noted that governance ultimately rests with the people, as citizens use elections to assess how governments handle sensitive issues, including justice delivery.
“We may never have a perfect system, but we must continue improving it. If the ongoing constitutional review suggests reforms to how political or high-profile cases are handled, that should come from public consensus,” he emphasized.
Ahmed Suale, a member of the Tiger Eye P.I. investigative team, was gunned down by unknown assailants in January 2019. The incident sparked national outrage and calls for swift justice.
However, after years of investigation, progress on the case has been slow, with limited evidence directly linking suspects to the crime.
Source: Gertrude Otchere
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