Discontinuation of high-profile cases by gov’t: Accused persons must be compensated – Banson

Private legal practitioner, Bobby Banson has called for a legal framework to provide compensation to individuals who endure prolonged trials only for their cases to be discontinued by the state through nolle prosequi or other legal means.

Speaking on the issue on the KeyPoints, Banson highlighted a gap in Ghana’s Constitution, noting that while compensation is provided for those who are unlawfully imprisoned, there is no provision for individuals who spend years defending themselves in court only for the prosecution to be withdrawn.

“The Constitution gives you compensation only if you are wrongly imprisoned. If it is found that your incarceration was unlawful, you are entitled to compensation. But if you’ve been taken through four years of a trial, and then it is withdrawn by nolle prosequi or any other means, the Constitution doesn’t provide any compensation,” Banson explained on February 8.

He pointed out that while some individuals may be able to afford legal representation, many accused persons struggle financially to defend themselves.

In cases where an individual is accused of a serious crime, such as murder, and undergoes years of trial before the state withdraws the case, there is no remedy for the emotional, financial, and reputational damage suffered.

“They just write a letter, and that’s it. You go home. Your people may be happy, but all the time and embarrassment you’ve gone through—there’s no compensation,” he stressed.

Banson clarified that he is not against the Attorney-General’s power to enter a nolle prosequi, but emphasized the need for a structured regime where, if the state withdraws a case at a certain stage and indicates that it does not intend to resuscitate the matter, the affected person should be entitled to some form of remedy.

His call adds to ongoing discussions about the fairness of Ghana’s legal system, particularly in cases where individuals endure lengthy legal battles only to have their cases dismissed without explanation or compensation.

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By Christabel Success Treve

The post Discontinuation of high-profile cases by gov’t: Accused persons must be compensated – Banson first appeared on 3News.

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