Gov’t backs separation of Attorney-General’s office from Ministry of Justice
The government has endorsed a major constitutional reform that would separate the Office of the Attorney-General from the Ministry of Justice, a move aimed at strengthening prosecutorial independence and reducing concerns about political influence in criminal cases.
Announcing the proposal at the Jubilee House on Thursday, Attorney-General and Minister for Justice Dr Dominic Ayine said the reform forms part of government’s response to recommendations submitted by the Constitutional Review Committee.
Under the proposal, the Attorney-General would no longer serve as a Minister of State. Instead, a separate Minister for Justice would be appointed to oversee the justice sector, while the Attorney-General would remain the principal legal adviser to the State and retain responsibility for criminal prosecutions.
Dr Ayine described the proposal as a significant institutional change, noting that it seeks to address long-standing concerns about whether an Attorney-General who sits in Cabinet can independently prosecute members of the government.
The reform would require amendments to Article 88 of the 1992 Constitution, removing the constitutional requirement that the Attorney-General also holds ministerial office.
While government rejected recommendations to strip the Attorney-General of authority to prosecute corruption cases or require court approval before discontinuing prosecutions, it argued that separating the office from Cabinet would better address concerns about independence without weakening its constitutional mandate.
To further protect the office from political interference, government is proposing new constitutional safeguards that would grant the Attorney-General the same conditions of service as a Justice of the Supreme Court.
The proposed changes would also strengthen security of tenure, meaning an Attorney-General could only be removed through the same constitutional procedures used for Superior Court judges, including a formal petition process under Article 146.
According to Dr Ayine, the measures are intended to ensure that prosecutorial decisions are made independently of political considerations while preserving the Attorney-General’s role as the State’s chief legal adviser.
The proposal is among the key reforms contained in the Constitutional Review Committee’s report and is expected to feature prominently in discussions on the future of Ghana’s governance and justice systems.
Source: myjoyonline.com
About The Author
