A Call for Change: Deputy AG Says Ghana’s Constitution Needs a Major Overhaul
Dr Justice Srem-Sai, Deputy Attorney-General and Minister for Justice, has sparked a debate in Ghana over the need to overhaul the country's constitution. The discussion centers on the Office of the Special Prosecutor (OSP), which has been at the forefront of efforts to combat corruption in Ghana. Dr Srem-Sai made his comments on a recent episode of "The Law with Samson Lardy Anyenini" on Sunday, 26 July.
Constitutional Impasse
Dr Srem-Sai argued that Ghana cannot establish an independent prosecutorial authority or vest the OSP with independent prosecutorial powers without first amending Article 88 of the 1992 Constitution. He stated that the Constitution unequivocally vests prosecutorial authority in the Attorney-General, making it impossible for Parliament to create an independent prosecutorial body through ordinary legislation alone.
The Deputy Attorney-General emphasized that constitutional amendments must be carried out through the procedures prescribed in the Constitution and not by ordinary legislation passed by Parliament. He cited the Constitution Review Commission, which recognized that any changes to entrenched constitutional provisions must follow the amendment procedures set out in the Constitution.
The OSP Act: A Statutory Interpretation?
Dr Srem-Sai maintained that the Office of the Special Prosecutor Act established the OSP, but it could not override or amend constitutional provisions governing prosecutorial authority. He stressed that the OSP Act was enacted as ordinary legislation under Article 106 of the Constitution, which cannot confer powers that are inconsistent with Article 88.
The Deputy Attorney-General concluded that anyone seeking to make the OSP a truly independent prosecutorial authority must pursue constitutional reform rather than rely on statutory interpretation. "The only way to do what we seek to do is to amend Article 88," he emphasized.
Supreme Court to Rule on OSP's Prosecutorial Powers
The Supreme Court is expected to deliver judgment on 29 July 2026 in a suit challenging the prosecutorial powers of the Office of the Special Prosecutor. Private legal practitioner Noah Adamtey is challenging the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), arguing that it unlawfully grants the OSP independent prosecutorial authority.
Dr Srem-Sai, representing the Attorney-General in the case, argues that Article 88(3) vests prosecutorial authority exclusively in the Attorney-General. He contends that Parliament acted unconstitutionally by requiring the Attorney-General to delegate part of those powers to the OSP.
A Call for Change
The debate over the OSP's prosecutorial powers has reignited discussion over the need to reform Ghana's constitution. Dr Srem-Sai's comments have sparked a call for change, with many arguing that the current constitution hinders efforts to combat corruption in Ghana.
The Supreme Court's ruling on 29 July will be closely watched, as it will determine the future of the OSP and its powers. The outcome will also have implications for the fight against corruption in Ghana and the country's efforts to establish an independent prosecutorial authority.
Source: Joy Online
