Definition
It is a Latin terminology which exemplifies a stay or discontinuance of legal proceedings within court jurisdictions pitting accused persons, this procedural trend can easily cause the discharged of the accused person in detention, unlike the powers conferred on a prosecutor to withdraw: either by consent or agreement of the parties or if the law so expresses.
IT’s Legal Play Ground
Section 13(1) of Law No 2008/015 of 29th December 2008, to organize military justice and lay down rules of procedure applicable before military tribunals, “The State Prosecutor may on written instructions of the Minister-In-Charge of Military Justice enter a NOLLE PROSEQUI, at any stage of the proceedings and before judgment on the merits, is delivered, where such proceedings are likely to undermine social interest or public order. The above provision is re-iterated in Law No 2005 of 27th July 2005 on the Criminal Procedure Code, in its section 64(1) “The Procureur General of the Court of Appeal may, by expressed authority of the Minister of Justice enter a NOLLE PROSEQUI, at any stage before judgment on the merits is delivered; if such procedures could seriously imperil social interest or Public Order”.
RAISION D’ETRE OF THE NOLLE PROSEQUI PROCEDURE
The emphasis of this procedure as per the both sections of the laws mentioned, denotes its purport as a great pana-cea to be used if proceedings could seriously imperil social interest or public order. The draftsmen had a futuristic eye that this common law concept could be used to stabilise any chaotic situation envisaged. It should be used as a yardstick to calm the mounting tension which is plaguing our nation it could be used as a timely weapon to break the Yoke of instability, so as to return the nation to its peaceful state, it could be used as a scriptural peace which Christ gave to his disciples “PEACE BE WITH YOU”, with emphasis, and on such a premise one can decipher the significance of “PEACE” as a vital instrument of social cohesion, political and economic development and a catalyst of a viable stable society.
THE EFFECTS OF A NOLLE PROSEQUI.
Despite its embracing arms, this procedure is not all encompassing, as it elastic when it is applied. Its significance is that it carries a discharge and not an acquittal. Where the criminal part of the proceedings has been discontinued, the civil claim attached therein will continue its determination for damages. This is vehemently echoed in the Criminal Procedure as well as military codes respectively. Upon a discharge, the accused may subsequently be prosecuted if the same offence is committed. Above all section 62(1)(c) of the Criminal Procedure Code which deals with amnesty is a vital peace initiative instrument which requires a timely application for the release of detained persons and foster peace.
Eyong V. M. Esq.
Legal Practitioner
Executive President
The Centre for law sensitisation & the Rights
of Man – Kumba Affiliated to the National Commission for Human Rights and Freedoms.