Constitution must be amended to create independent prosecutorial authority – Deputy AG

Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has argued that Ghana cannot establish an independent prosecutorial authority or vest the Office of the Special Prosecutor (OSP) with independent prosecutorial powers without first amending Article 88 of the 1992 Constitution.

Dr Srem-Sai further argued that the Office of the Special Prosecutor Act was enacted as ordinary legislation under Article 106 of the Constitution and, therefore, could not confer powers that were inconsistent with Article 88.

According to him, 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.