Your Excellency, Mr President,
Honourable Minister of Justice,
Why Ghana Must Split the Attorney-
General from the Minister of Justice
I write with deep respect for your high offices and with concern about a matter that touches the very heart of our democracy—the independence and public perception of Ghana’s justice system.
Today, whenever a political figure is prosecuted, or even when the Chief Justice faces possible removal, the public’s first reaction is often suspicion of political witch-hunting. This perception, whether justified or not, weakens public trust in our institutions. It risks making citizens believe that the law serves partisan ends rather than the Republic.
This challenge does not remain within our borders. In recent times, some Ghanaians have even appealed to foreign bar councils and international associations to intervene in our judicial affairs. They do so not because Ghana has ceded sovereignty, but because they have lost faith in domestic independence.
To be clear, Ghana’s sovereignty remains intact: no foreign bar council can override our 1992 Constitution. They operate only in the realm of moral suasion and political pressure, not legal compulsion. Yet the fact that such appeals are being made is itself troubling, for it reflects a crisis of confidence at home.
At the centre of this concern is the dual role of the Attorney-General, who also serves as Minister of Justice and Cabinet member. This fusion places one foot in politics and the other in prosecution. The question arises: how can the same officer defend government policy in Cabinet while also acting as the impartial guardian of public prosecutions?
Article 88 of the Constitution gives the Attorney-General “control and direction of criminal prosecutions.” But when linked to Cabinet politics, that control is inevitably viewed through a partisan lens. Even strong cases risk being overshadowed by suspicion. In Tsatsu Tsikata v. The Republic [2008] SCGLR 1, the Supreme Court reminded us that justice must not only be done, but must be seen to be done. Today, too many Ghanaians do not see justice—they see politics.
Other nations have recognised and resolved this structural dilemma. In Kenya, the 2010 Constitution created an independent Office of the Director of Public Prosecutions. In the United Kingdom, prosecutions are handled by the Crown Prosecution Service, not by ministers. South Africa’s National Prosecuting Authority stands apart from Cabinet politics. Ghana can also take this bold step.
Your Excellency, Honourable Minister, the time has come for reform. Let the Ministry of Justice remain a political office, tasked with legal policy, reforms, and international agreements. But let prosecutorial authority rest in an independent Attorney-General or Director of Public Prosecutions – shielded from political influence, answerable only to the Constitution and the people.
Such reform will not eliminate all controversy. But it will address the damaging perception that justice in Ghana is partisan. It will restore confidence in our courts, safeguard our sovereignty, and strengthen our democracy for the long term.
Justice must not only be done. It must be seen to be done. And in Ghana today, that means carefully but decisively separating the Attorney-General from the Minister of Justice.
Your Excellency, I make this appeal not in confrontation, but in confidence, in the confidence that under your leadership, Ghana can rise to this moment, strengthen its institutions, and leave a legacy of justice that will endure beyond your time in office.
Yours Sincerely
Seth Kwame Awuku
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Source: myjoyonline.com
