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

Justice Srem-Sai, Deputy Attorney General, stated on Sunday, April 19 on The Law on JoyNews that Ghana cannot establish an independent prosecutorial authority without first amending Article 88 of the Constitution. He said, "I do not know any lawyer who believes that you could create an independent prosecutorial authority without amending Article 88 of the Constitution."

Srem-Sai said that every lawyer he has spoken with holds the position that to create an independent prosecutorial authority in Ghana, Article 88 needs to be amended. He added that this includes persons who have occupied and are still occupying the office of the Special Prosecutor. He said that he agrees with this position. He explained that the Constitution itself clearly sets out the process for amendments, and that process must be followed.

Srem-Sai pointed to past rulings by the Supreme Court of Ghana, which have consistently rejected attempts by Parliament to alter constitutional provisions without following proper amendment procedures. He also addressed the legal limits of the Special Prosecutor Act, explaining that it is an ordinary law and does not override the Constitution. He said, "The provision that we have been standing on says 'subject to'. Subject to means that whatever is happening here does not change what is in the Constitution." He added, "So the judge's conclusion is correct, and I don't know how else anyone could have concluded, considering that the Act is not an amendment of the Constitution."