Audio By Carbonatix
In most constitutional systems, prosecutorial power is vested in a public authority, usually the Attorney-General.
But does that mean one office must control all prosecutions?
Let us travel.
In Morrison v. Olson, the U.S. Supreme Court upheld the appointment of an independent counsel with full prosecutorial powers. Not under the Attorney-General’s daily control. Not within the usual chain. Still constitutional. The monopoly theory failed.
In Vineet Narain v. Union of India, the Indian Supreme Court went further. Independence was not optional. It was required. Because the executive cannot be trusted to investigate itself. The answer was structural insulation.
In Glenister v. President of South Africa, the Court confirmed that Parliament may create and relocate anti-corruption and prosecutorial functions. The Constitution does not freeze power in one office. What matters is independence and effectiveness.
Across constitutional democracies, prosecutorial power is vested. It is not monopolised. It is structured. It is adapted. It is insulated where necessary.
Now return home.
We are told Article 88 creates an imperial AG. That all prosecution must pass through one political office.
That Parliament is powerless to design independent institutions to fight corruption.
Even if it is obvious that a political AG cannot effectively prosecute political corruption, we are urged to interpret the Constitution as an instrument of paralysis, tying our hands and sentencing us to spectatorship while corruption thrives.
No serious constitutional system ties the fight against corruption to the discretion of a single political office.
Certainly, in light of its emphasis on probity and accountability, it takes extraordinary chutzpah to suggest that the Constitution was written to protect corruption by disabling the State.
Latest Stories
-
Gov’t challenges ABL’s claim that beer tax changes threaten 2,000 jobs
18 minutes -
Ghana’s small businesses don’t have a marketing problem. They have a capacity problem.
21 minutes -
GNFS intensifies fire safety campaigns across Eastern Region
23 minutes -
One dead and more than a dozen missing after ‘terrifying’ flash flood hits Grand Canyon
33 minutes -
Full Report: SIGA releases 2025 State Ownership Report on performance of state entities
38 minutes -
Messi retires from international football
42 minutes -
Accra Institute of Technology holds 22nd graduation as 572 students graduate and PhD alumni surpass 100
42 minutes -
Metro Mass Transit returns to profit as revenue rises to GH¢161.85m
47 minutes -
Barcola joins Liverpool from PSG in ÂŁ123m move
49 minutes -
GOIL profit rises to GH¢90.67m despite 9% revenue decline
52 minutes -
Aid system is broken, African Civil Society leaders say; 200 gather in Accra to build a new Africa-Led model
57 minutes -
TrustGH records more than 6,000 ‘scam’ numbers as TikTok emerges a major fraud channel in Accra, Ghana
57 minutes -
SIGA proposes liquidation of Ghana Railway Company and absorption of staff into GRDA
58 minutes -
FWSC boss steals show at JoySports Invitational with CEOs Penalty thriller
1 hour -
Ghanaian dogs sweep top honours at West African August classic dog show
1 hour