Kwaku Ansa-Asare, a former Director of the Ghana School of Law is making a case for the Office of the Attorney-General (A-G) to be decoupled from the Ministry of Justice.
He explains there is conflict in the performance of the role necessitating the need to detach the two offices from each other.
According to him, the recent declaration of the four seats in Parliament where the leader of the NPP caucus, Alexander Afenyo-Markin, took the Speaker to court should have rather had the Attorney-General in court as the respondent since issue bothered on the State.
However, the same person who should have defended the State as Attorney-General, is also the Minister of Justice who represents the President.
He argues that the A-G is mandated to defend the state and the matter in question shouldn’t have had the Speaker in court since the President is the one that caused the issue at hand.
According to Article 88 clauses one and five;
(1) There shall be an Attorney-General of Ghana who shall be a Minister of State and the principal legal adviser to the Government.
(5) The Attorney-General shall be responsible for the institution and conduct of all civil cases on behalf of the State; and all civil proceedings against the State shall be instituted against the Attorney-General as defendant.
But the former Director of the Ghana School of Law tells Captain Smart on Onua TV’s morning show, Maakye, that the current situation is not proper and should be changed by amending the law.”
“Article 88 clauses one and five of the 1992 Constitution says the Attorney-General and Minister of Justice is supposed to defend the state on all charges against the government.
“That’s why I said when the issue came up on October 18 that the Speaker shouldn’t have been the one to be dragged to court but rather the Attorney-General.
“But the Attorney-General speaks for the President and the President is the one who has caused the problem so we need to look at that aspect too. Now the Attorney-General should be distinct from the Minister for Justice. The Ministry could be headed by the politicians but the Attorney-General should be appointed from those who have accepted to be state attorneys,” he said in Twi Thursday, October 31, 2024.
His comments come on the back the Speaker’s application for the ruling of the Supreme Court on his (Speaker) declaration of some four seats in Parliament vacant which he sought to get overturned.
But during the ruling, the Chief Justice made some pronouncements which Mr. Ansa-Asare said brings disrepute to the judiciary, arguing that the provision of the constitution that allows the CJ to be appointed by the Speaker is the problem, calling for the amendment of the law.
In his analysis, he argued further for the Office of the A-G and Minister of Justice to be decoupled saying the provision in the Constitution makes it conflicting citing the recent matter at hand.
Ansa-Asare makes a case for review of how the Chief Justice is appointed
