Former Deputy Attorney General, Mr. Alfred Tuah-Yeboah, has proposed that the Office of the Attorney General (AG) establish its own team of investigators to improve the handling of legal investigations.

This suggestion comes after Mr. Tuah-Yeboah sent a letter to the Inspector General of Police, Mr. George Akufo Dampare, calling for investigations into the deaths of individuals reported during the 2020 and 2024 general elections.

In his remarks, Mr. Tuah-Yeboah emphasised the importance of strong evidence in legal proceedings, stating, “If we go to court, we deal with hard evidence, and no prosecutor wants to go to court with weak or insufficient evidence.”

He further explained that when reviewing documents, any areas of concern are usually referred to the Criminal Investigations Department (CID) for further inquiry.

However, he pointed out a major issue with the current system: “The Office of the Attorney General doesn’t have its own investigators. The Attorney General’s office relies on the police services and other institutions to conduct investigations.”

Mr. Tuah-Yeboah proposed that the AG’s office should have its own investigators, who could be directly managed and directed by the Attorney General, similar to organisations such as the Economic and Organised Crime Office (EOCO) or the Office of the Special Prosecutor (OSP).

Mr. Tuah-Yeboah also clarified the existing relationship between the AG’s office and the police, stating, “The police service is under the Ministry of the Interior; they are not under the AG’s office. It’s only the CID who can get in touch with them, directing them on what to do, but technically speaking, they are not under the AG.”

He argued that the creation of a dedicated investigative team within the AG’s office would provide better control and efficiency in managing investigations.

However, Mr. Peter Lanchene Toobu, the Member of Parliament for Wa West, disagreed with Mr. Tuah-Yeboah’s suggestion.

Mr. Toobu contended that delays in investigations are not the result of the separation of powers, but rather stem from issues concerning the competence of the CID.

He explained, “It is a question of the competence and capacity of the CID, whether it is due to nepotism in recruitment, a lack of equipment, or the failure to properly equip the entire department to perform effectively.”

Mr. Toobu emphasised that the solution lies in addressing the CID’s capacity issues, rather than restructuring the investigative process.

Mr. Toobu also raised concerns about the police’s involvement in prosecution, stating, “I don’t like the idea of the police prosecuting. Let the prosecution, as outlined in the constitution, remain the responsibility of the Attorney General.”

He argued that improving the CID’s competence and resources would be a more effective solution than establishing an independent investigative unit within the AG’s office.

While Mr. Tuah-Yeboah advocates for the creation of an independent investigative team within the AG’s office to improve efficiency and control, Mr. Toobu believes the solution lies in addressing the existing capacity challenges within the CID. Both perspectives aim to strengthen Ghana’s investigative and prosecutorial processes, although they differ on the most effective approach to achieve this goal.