The government has approved major constitutional reforms separating the Office of the Attorney-General from the Ministry of Justice, ending the historical dual role of the Attorney-General as a Cabinet Minister.
Presenting the government’s White Paper on the Constitutional Review Committee’s recommendations on Thursday, 30 July, Attorney-General and Minister for Justice Dr Dominic Ayine revealed that Article 88 of the 1992 Constitution will be amended.
“The government proposes that Article 88 be amended to remove the requirement that the Attorney-General be a minister of state.”
A distinct Justice Minister will take charge of the justice sector, leaving the Attorney-General exclusively as the principal legal adviser and chief prosecutor.
“A separate portfolio of Minister of Justice will be established to oversee the justice and legal sector. 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 and a member of Cabinet.”
The reform aims to shield the prosecutorial authority from political interference. To ensure independence and security of tenure, the Attorney-General will mirror the conditions and removal procedures of a Supreme Court Justice.
“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.”
“Whoever is appointed Attorney-General after these amendments come into effect, if you want to remove that person, you have to go through the procedure enumerated under Article 146 of the Constitution.”
Dr Ayine hailed the restructuring as a monumental shift in the executive’s legal framework.
“This is a significant restructuring of the legal architecture of the executive and I believe history will judge it kindly.”
Additionally, government accepted recommendations for an independent anti-corruption body. However, instead of a constitutional amendment, the proposed Public Ethics Commission will be established via the Conduct of Public Officers Bill to investigate and prosecute official misconduct and corruption autonomously.
