The Muntie 3 - Case For Independent Prosecutor

The matter of the trial and sentencing of the Muntie 3 brings into sharp focus the need to reconsider the urgent need for the establishment of an Independent Public Prosecutor to handle infractions of the law independent of the government and the ruling party.

The trial of the trio and the directors of the company had to be at the instance of the court itself since the Attorney General (AG) was disabled by partisanship to take up the matter of threat of harm and death on members of the judiciary. Even the Bureau of National Investigation (BNI) attempted to downplay the seriousness of the threats.

According to the judgment, the Supreme Court recorded that the matter of threat of harm and death belonged to the realm of the executive arm of government and by extension the AG.

The question therefore is that how come the Attorney General failed the nation by NOT exercising its sole burden of making ultimate prosecutorial decisions, as provided for under Article 88(1) of the 1992 Constitution? We believe that the AG who performs the role of Chief Legal Adviser to the government, Minister of State, and guardian of the public interest, is undoubtedly a constitutional crank.

It is obvious that the AG was not interested in addressing the assault on the judges to bring sanity in our political discourse. It is time for Ghana to separate the Attorney General from the Minister for Justice.

The PPP wishes to state that the ruling of the Supreme Court on this matter has dealt a huge blow to the politics of intimidation, violence and abusive words and the court has upheld the rule of law and the dignity of the judiciary. We urge the court to continue to be a vanguard of our fledgling democracy.

(SGD)
Kofi Asamoah-Siaw
Director of Policy