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The Youth Alliance for Democratic Development (YADD) Ghana is pushing for the separation of the Attorney General and Minister of Justice roles, citing the need for independence in governance and the protection of the prosecutorial process from political influence.
YADD Ghana argues that the current arrangement, where the Attorney General also serves as the Minister of Justice, creates the potential for partisan bias, as the Attorney General is appointed by the President. This dual role, the organization says, could hinder the office’s ability to impartially exercise its duties, particularly in matters of prosecution, which are vital for upholding justice and rule of law.
*Historical Background of the Attorney General’s Role*
The dual roles of Attorney General and Minister of Justice have a long history in Ghana, dating back to the colonial era in 1877 when the office of the Judicial Assessor was first established. Over the years, this role has evolved, but the Attorney General remains a key figure in both the legal and political arenas. Currently, the Attorney General is the government’s chief legal advisor and holds the authority to initiate both civil cases and prosecutions on behalf of the state.
However, YADD Ghana believes that in a modern democracy, the overlap between the prosecutorial function of the Attorney General and the political responsibilities of the Minister of Justice creates a conflict of interest that could compromise legal independence.
* Call for Reform Ahead of 2024 Elections*
YADD Ghana’s call for separation comes at a crucial time, with the 2024 general elections on the horizon. Executive Director of YADD Ghana, James Kofi Martey, emphasized during a recent press briefing that this reform is vital for ensuring that the Attorney General’s office is insulated from political pressures.
“As we head into the 2024 elections, it is more important than ever that the Attorney General be able to make decisions independently, without concerns of partisan influence. We must ensure that justice is served impartially, and this reform will be a crucial step in achieving that,” Martey said.
* Broader Constitutional Reforms*
Beyond advocating for the separation of these two roles, YADD Ghana is calling for significant constitutional reforms to strengthen Ghana’s governance system. According to Martey, the current system, where ministers are appointed from Parliament, is problematic as it distracts Members of Parliament (MPs) from their legislative duties and compromises the separation of powers.
Martey recommends that Ghana adopt a system where there is a clear separation between the executive and the legislature. “The President should not appoint ministers from Parliament. This will ensure that MPs focus on their core responsibilities, making Parliament a stronger and more independent body,” Martey added.
YADD Ghana’s proposed reforms reflect a growing demand for greater accountability, transparency, and independence in governance. The organization believes these changes will not only improve the justice system but also strengthen the foundations of democracy in Ghana.
* A Path Forward*
As Ghana’s democratic processes continue to evolve, the call for separating the roles of the Attorney General and the Minister of Justice represents a significant push towards ensuring fairness in the administration of justice. The proposed reforms could reduce political influence over legal proceedings, allowing the Attorney General to operate with the impartiality and integrity necessary for upholding the rule of law.
With the 2024 elections approaching, the debate over governance reforms, including the separation of powers and the independence of key legal offices, is expected to intensify. YADD Ghana’s advocacy may spark a broader conversation about the future of Ghana’s constitutional framework and the need for a justice system that is truly independent.
