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April 19, 2026
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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.
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