Ghana Faces Sierra Leone Moment as Prosecutorial Powers come under strain

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In Sierra Leone, the tension between the Anti-Corruption Commission (ACC) and the Attorney-General and Minister of Justice of Sierra Leone arose from a deliberate legal reform.1. Why the Conflict EmergedBefore 2019:The ACC could investigate corruptionBut it needed the consent of the Attorney-General to prosecuteThis arrangement was widely criticised for:delays in prosecutionperceived political interferenceweak enforcement of anti-corruption laws2. What Changed — 2019 ReformIn 2019, Sierra Leone amended its Anti-Corruption Act.The key change was:The ACC was given power to prosecute corruption cases “without recourse to any other authority.”This reform was intended to:strengthen anti-corruption enforcementremove bottlenecksenhance institutional independence3. How the Conflict AroseThe reform created a legal tension:The Constitution still vests prosecutorial authority in the Attorney-General and the Director of Public ProsecutionsBut the new law gave the ACC independent prosecutorial powerThis raised a fundamental question:Can a statutory body exercise prosecutorial powers independently when the Constitution assigns those powers to another office?4. When and How It Was TestedThe issue arose shortly after the 2019 amendment, as:the ACC began prosecuting cases without seeking approval from the Attorney-Generalconcerns were raised about constitutionality and overlap of powersThe matter was taken to the courts, ultimately engaging the Supreme Court of Sierra Leone.5. How the Supreme Court Resolved ItThe Court adopted a balanced interpretation, based on two principles:First: The ACC’s powers are validParliament has the authority to create specialised bodiesThe ACC can investigate and prosecute corruption independentlySecond: The Constitution remains supremeThe Attorney-General’s authority is constitutional and cannot be overridden by statute6. The OutcomeThe Court did not strike down the ACC’s powers.It also did not reduce the authority of the Attorney-General.Instead, it established a coexistence model:The ACC can prosecute corruption cases without prior approvalThe Attorney-General remains the ultimate constitutional authority in the prosecutorial system7. What This Means in PracticeThe ACC operates with functional independenceThe Attorney-General retains constitutional primacyThe system works through:legal boundariesinstitutional restraintpractical coordination8. Key Lesson for GhanaThe Sierra Leone experience shows that:Expanding the powers of a specialised anti-corruption body can improve effectivenessBut unless the Constitution is amended:the Attorney-General’s authority will continue to exist alongside itThe solution adopted was not to eliminate one authority, but to:allow both to operate, while preserving the supremacy of the ConstitutionThere is nothing new under the sun.