An Open Letter to the President and Minister of Justice

Your Excellency, Mr President,

Honourable Minister of Justice,

I write with deep respect for your high offices, and with an equally deep concern about the growing perception that Ghana’s justice system is vulnerable to political influence.

Whenever a political figure is prosecuted—or when sensitive judicial processes arise—the first public reaction is often suspicion. Suspicion not of the law, but of politics. Without commenting on any matter currently before the courts, it is clear that such perceptions alone weaken public trust. And when trust falters, justice itself stands diminished.

The problem extends beyond our borders. In recent times, some of our citizens have even appealed to foreign bar councils and professional associations to intervene. To be clear: Ghana’s sovereignty is intact. Membership of the Commonwealth does not cede our Constitution to outside bodies. They may exert moral suasion. They may apply political pressure. But they have no power to override the 1992 Constitution. The fact that our own people turn outward for fairness tells us something is wrong at home.

At the centre of this crisis lies a structural flaw. The Attorney-General is also the Minister of Justice—and therefore a Cabinet member. This fusion creates a conflict that cannot be wished away. How can the same officer defend government policy at the Cabinet table while also serving as the impartial guardian of prosecutions?

Article 88 of the Constitution grants the Attorney-General “control and direction of criminal prosecutions.” But tied to a political office, that power inevitably appears partisan. Even strong cases are tainted by suspicion. In Tsatsu Tsikata v. The Republic [2008] SCGLR 1, our Supreme Court reminded us: justice must not only be done, it must be seen to be done. Today, too many Ghanaians do not see justice. They see politics.

The solution is simple. Separate the prosecutorial function from the political office of the Ministry of Justice. Let the Ministry remain a Cabinet portfolio, concerned with government policy, law reform, and international obligations. But prosecutorial power—who to charge, when to charge, and how—must rest in an independent Attorney-General or Director of Public Prosecutions.

Other democracies have already made this reform. The United Kingdom relies on the Crown Prosecution Service. Kenya’s Constitution created an independent Director of Public Prosecutions. South Africa entrusts prosecutions to a National Prosecuting Authority. These countries understand that justice and politics must not share the same chair. Ghana should follow suit.

Your Excellency, Honourable Minister, this reform will not silence every critic. But it will restore confidence. It will shield the judiciary. It will protect our democracy. And it will remove the excuse for outsiders to question our sovereignty.

Justice must not only be done. It must be seen to be done. I make this appeal not in confrontation, but in trust—that under your leadership, Ghana can take this step and leave a legacy of justice that endures for generations.

Respectfully,

Seth Kwame Awuku

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