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The Youth Alliance for Democratic Development (YADD) Ghana has called for the separation of the Attorney General and Minister of Justice roles to promote independence and transparency in the country’s legal system. According to YADD Ghana, the current arrangement, where one individual serves both roles, poses a risk of political interference and compromises the impartiality required of the Attorney General’s office.
The Attorney General, appointed by the President, currently serves as both the government’s chief legal advisor and the head of the Ministry of Justice, a dual role that YADD Ghana argues blurs the lines between legal accountability and partisan loyalty. This has led to concerns that prosecutorial decisions could be influenced by political considerations, undermining public confidence in the justice system.
* Historical Context*
The intertwining of the Attorney General’s role with the Ministry of Justice dates back to colonial times. In 1877, the office of the Judicial Assessor, a precursor to the Attorney General, was established to provide legal guidance. Over the years, the title evolved, and the Attorney General became one of the most influential figures in Ghana’s legal and political landscape, responsible for both civil proceedings and criminal prosecutions on behalf of the state.
However, the Youth Alliance for Democratic Development believes that this historical legacy no longer serves the modern governance needs of Ghana, calling for a reform that would separate the Attorney General’s prosecutorial functions from the administrative duties of the Ministry of Justice.
*Ensuring Independence and Impartiality*
YADD Ghana’s Executive Director, James Kofi Martey, emphasized the need for an independent Attorney General during a press briefing, stating that separating the roles would reduce the likelihood of political influence on prosecutions. “The Attorney General must be free from any form of political pressure to ensure impartiality in the legal processes,” Martey said. He argued that the current structure compromises the independence of the justice system, especially during politically charged periods such as election years.
As Ghana approaches the December 2024 general elections, this call for separation has gained traction, with many citizens demanding greater transparency and accountability in governance. YADD Ghana’s proposal seeks to restore public confidence in the legal system, ensuring that those in power are not shielded from prosecution by the political influence over the Attorney General’s office.
*Broader Constitutional Reforms*
Beyond the separation of the Attorney General and Minister of Justice roles, YADD Ghana is pushing for broader constitutional reforms. Martey highlighted the need for Ghana to consider a presidential system of government that ensures a clearer division of powers between the executive and the legislature. Under this system, he proposes that the President should be prohibited from appointing ministers from Parliament, allowing Members of Parliament (MPs) to focus solely on their legislative duties rather than pursuing ministerial positions.
“The current hybrid system where MPs can be appointed as ministers creates divided loyalties and distracts parliamentarians from their core responsibilities,” Martey explained. He added that the reforms would enable the legislative branch to function independently, holding the executive accountable without being influenced by ministerial ambitions.
* A Call for Action*
YADD Ghana’s demands for constitutional reforms come at a critical time in the country’s political discourse, with citizens increasingly concerned about governance and the integrity of democratic institutions. The call to separate the Attorney General’s office from the Ministry of Justice is seen as a necessary step toward building a justice system that is free from political manipulation.
As the nation prepares for the upcoming elections, YADD Ghana’s advocacy for an independent Attorney General and broader governance reforms has struck a chord with many Ghanaians, who view these changes as essential to strengthening the country’s democracy.
The call for reform, if realized, could mark a significant shift in Ghana’s political and legal landscape, ensuring that justice is served impartially and free from partisan influence.
