The government has endorsed major governance reforms that would remove the Attorney-General from Cabinet and establish an Independent Public Ethics Commission with powers to investigate and prosecute corruption and conflict-of-interest cases involving public officials.
The proposed changes form part of the government’s response to the Constitution Review Committee’s final report and are intended to strengthen institutional independence, improve accountability and reinforce Ghana’s anti-corruption framework.
Attorney-General and Minister for Justice Dr. Dominic Ayine announced the decisions at a news conference in Accra while presenting the government’s White Paper on the committee’s recommendations.
A key reform proposal would amend Article 88(1) of the Constitution to end the constitutional requirement that the Attorney-General must also serve as a Minister of State.
Dr. Ayine said the Attorney-General would remain the principal legal adviser to the Republic and retain prosecutorial authority, but would no longer be a member of Cabinet.
“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,” he said.
He explained that the reform was designed to address concerns that an Attorney-General who sits in Cabinet may face a perceived conflict when prosecuting members of the government.
The government also accepted, in principle, the proposal to establish an independent anti-corruption body, but decided that the reform could be implemented through legislation rather than a constitutional amendment.
According to Dr. Ayine, the Conduct of Public Officers Bill currently before Parliament will be used to establish an Independent Public Ethics Commission.
The proposed commission would have powers to investigate and prosecute corruption and conflict-of-interest cases involving public officers and private individuals connected to such offences.
Dr. Ayine said the commission would operate independently of executive control and would be modelled on international anti-corruption institutions.
He also announced that the government intends to amend Article 88 further to place the Attorney-General on the same terms and conditions of service as a Justice of the Supreme Court, a measure aimed at strengthening the office’s institutional independence.
However, the government did not accept the committee’s recommendation to remove the Attorney-General’s prosecutorial authority in corruption cases or require court approval before discontinuing criminal prosecutions.
The proposed reforms form part of the government’s broader constitutional reform agenda arising from the Constitution Review Committee’s report, which contains 206 proposed constitutional amendments, including 147 amendments to existing provisions and 59 new constitutional provisions.
