Private legal practitioner Justice Abdulai has explained that the New Patriotic Party (NPP) Flagbearer, Dr. Mahamudu Bawumia’s call for the discontinuation of the prosecution of the Agona West NDC organiser does not automatically bring the criminal case to an end.
According to him, while Dr Bawumia’s intervention is commendable, the decision on whether the case proceeds rests with the state, particularly if investigators have gathered sufficient evidence to support a prosecution.
Dr Bawumia, in a statement issued on Wednesday, July 22, called on the Ghana Police Service and the Attorney-General to discontinue the prosecution of the National Democratic Congress (NDC) organiser in Agona West who is facing charges over alleged offensive comments made against him.
The former Vice President said he neither lodged a complaint nor authorised the arrest or prosecution of the individual, who has been charged with publishing false news and making offensive comments about him.
However, speaking to Citi News, Justice Abdulai said the case is ultimately a matter for the state once investigators have sufficient evidence. He maintained that Dr Bawumia, therefore, does not have direct control over whether the case continues or not.
“Well, Dr. Bawumia doesn’t need to say that. I mean his statement is positive; it is very good. There’s absolutely nothing wrong with issuing such statements. However, the law does not require a complainant necessarily when a crime is committed to pursue such an action.
“If there is a complainant, he is only a witness and assists the police in the prosecution, but where the police have all their evidence, they do not need a complainant. So Dr. Bawumia per se does not have control over the case to determine whether the case proceeds or not,” he said.
The lawyer’s comments come amid renewed discussions over the role of complainants and state institutions in criminal prosecutions, following Dr Bawumia’s appeal for the case against the NDC organiser to be dropped.
Dr. Bawumia said although he had been subjected to insults and false claims throughout his public life, he had never resorted to using state institutions to respond.
Dr Bawumia also said he had forgiven the accused and urged political actors to focus on issues affecting Ghanaians, stressing that Ghana’s democracy is strengthened when citizens, including political opponents, can freely express their views without fear of arrest or prosecution.
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