The government has proposed separating the Office of the Attorney-General from the Ministry of Justice as part of sweeping constitutional reforms aimed at strengthening the independence of criminal prosecutions and enhancing public confidence in the justice system.

Presenting the government's response to the Constitutional Review Committee's final report at Jubilee House on Thursday, July 30, Attorney-General and Minister of Justice, Dr Dominic Ayine, announced the proposal as part of a package of constitutional reforms aimed at strengthening Ghana's governance and justice systems.

Describing the move as historic, Dr Ayine acknowledged the significance of the announcement, noting that it was unusual for a minister to propose reforms that would fundamentally alter the structure of his own office.

"This briefing would be incomplete without me telling you about the changes affecting my own ministry. It is not every day that a Minister stands before the press to announce the splitting of his own office," he said.

The proposal seeks to amend Article 88(1) of the 1992 Constitution by removing the requirement that the Attorney-General must also serve as a Minister of State.

Under the new arrangement, a separate Minister of Justice will be appointed to oversee the justice and legal sector, while the Attorney-General will remain the Republic's principal legal adviser and retain exclusive authority to prosecute criminal offences on behalf of the State.

"The Attorney-General will remain the principal legal adviser of the Republic and the repository of the prosecutorial authority of the State, but will cease to be a Minister of State," Dr Ayine stated.

The Attorney-General explained that the proposal addresses longstanding concerns over the independence of the office, particularly where criminal investigations or prosecutions involve members of the government.

He said government carefully considered the Constitutional Review Committee's recommendation to remove the Attorney-General's authority to prosecute corruption offences and to require court approval before criminal prosecutions could be discontinued.

However, government rejected those recommendations, arguing that the underlying concern could be addressed through institutional restructuring rather than limiting the constitutional powers of the Attorney-General.

"The Government has not accepted those proposals... But the Government has squarely addressed the concern that lies beneath them, namely, that an Attorney-General who sits in Cabinet cannot comfortably prosecute members of the government of which he is part," he explained.

To further insulate the office from political influence, government is proposing constitutional safeguards that would grant the Attorney-General the same terms and conditions of service as a Justice of the Supreme Court.

According to Dr Ayine, a new clause will be inserted into Article 88 to guarantee the Attorney-General's prosecutorial independence.

"To guarantee the prosecutorial independence of the office, a new clause will be inserted in Article 88 to give the Attorney-General the same terms and conditions of service as a Justice of the Supreme Court," he said.

The proposed reform would also strengthen the security of tenure of the Attorney-General, making removal from office subject to the same constitutional procedures applicable to Superior Court judges.

Under that arrangement, any attempt to remove an Attorney-General would require a petition and the constitutional processes outlined in Article 146 of the Constitution.

Dr Ayine described the proposal as one of the most significant institutional reforms contained in government's constitutional review agenda.

"This is a significant restructuring of the legal architecture of the Executive, and I believe history will judge it kindly," he said.