Ghana IntelBrief
Back to Latest Briefings
To create a prosecutorial office, Article 88 must be amended – Deputy AG
April 19, 2026
AI-Enhanced

To create a prosecutorial office, Article 88 must be amended – Deputy AG

Policy

Key Points

  • Deputy Attorney General Justice Srem-Sai asserts that Ghana cannot establish an independent prosecutorial authority without amending Article 88 of the Constitution.
  • He states that this legal position is widely accepted by lawyers, including those associated with the Office of the Special Prosecutor (OSP).
  • Srem-Sai emphasizes that ordinary legislation, such as the Special Prosecutor Act, cannot override or amend constitutional provisions.
  • He explains that the Constitution itself prescribes a specific, step-by-step process for its amendment, which must be strictly followed.
  • He cites consistent Supreme Court rulings and ongoing constitutional review efforts as evidence supporting the necessity of proper constitutional amendment procedures.

Why This Matters

This article is significant for Ghana as it highlights a fundamental constitutional barrier to achieving a truly independent prosecutorial authority, which is crucial for effective anti-corruption efforts and strengthening the rule of law. The current legal interpretation means that bodies like the Office of the Special Prosecutor operate under constitutional constraints, impacting their autonomy and public perception. Addressing this requires a major constitutional amendment, which has profound implications for governance, justice delivery, and public trust in Ghana's institutions.

Read Full Article

View original source

Related Articles

GoldBod denies GH¢1bn BoG overdraft claim, demands retraction and apology from Boako

August 24, 2026

GoldBod denies GH¢1bn BoG overdraft claim, demands retraction and apology from Boako
  • The Ghana Gold Board (GoldBod) has vehemently denied claims by MP Dr. Gideon Boako that it owes the Bank of Ghana (BoG) a GH¢1 billion overdraft.
  • Dr. Boako, a Deputy Ranking Member on Parliament’s Finance Committee, questioned GoldBod's reported GH¢907 million profit, stating an outstanding overdraft would reflect a loss.
  • GoldBod labeled Dr. Boako’s claim as “totally false,” a “deliberate and malicious smear campaign,” and demanded a retraction and apology.
  • This dispute is set against a broader political and economic debate concerning GoldBod’s financial performance and the accounting treatment of GH¢22 billion losses from the Domestic Gold Purchase Programme (DGPP).
  • GoldBod asserts it has never taken any loan, overdraft, or debt instrument from the Bank of Ghana or any financial institution since its establishment.
Read full briefing

GoldBod losses remain key on Minority agenda as Parliament reconvenes – Afenyo-Markin

August 24, 2026

GoldBod losses remain key on Minority agenda as Parliament reconvenes – Afenyo-Markin
  • The NPP Minority Leader, Alexander Afenyo-Markin, reaffirmed the caucus's commitment to investigate a reported US$1.7 billion loss linked to the Bank of Ghana’s Domestic Gold Purchase Programme and the Ghana Gold Board (GoldBod).
  • This commitment was reiterated after Afenyo-Markin met with NPP flagbearer Dr Mahamudu Bawumia in Accra.
  • Dr Bawumia commended the Minority Caucus for its accountability efforts and encouraged their continued work.
  • The reported loss, equivalent to about 1.5% of Ghana’s GDP, will be a key issue for the Minority as Parliament reconvenes.
  • The Minority is resolute in pursuing the matter to get answers for the Ghanaian public regarding the circumstances of the loss.
Read full briefing

Ghana IntelBrief

August 23, 2026

Why celebrate $2.62bn FDI while losing $1.7bn under the Domestic Gold Programme? IERPP asks
  • The Institute of Economic Research and Public Policy (IERPP) welcomes Ghana's US$2.62 billion Foreign Direct Investment (FDI) as a sign of investor confidence.
  • However, IERPP tempers this optimism with concern over an estimated GH¢22 billion (US$1.7 billion) loss from the Domestic Gold Purchase Program (DGPP).
  • The DGPP loss is significant, equating to about 65 cents for every US$1 of FDI attracted, highlighting a major resource management issue.
  • IERPP emphasizes that while FDI is crucial, it cannot substitute for prudent management and protection of existing public resources.
  • The Institute calls for greater transparency, a clear breakdown of DGPP losses, and intense scrutiny from accountability institutions, Parliament, and civil society.
Read full briefing