The government has accepted sweeping constitutional reforms that will separate the Office of the Attorney-General from the Ministry of Justice, ending the long-standing practice of having the Attorney-General serve as a Minister of Justice.
Attorney-General and Minister for Justice Dr Dominic Ayine announced the proposal on Thursday, July 30, while presenting the government’s White Paper on the Constitutional Review Committee’s (CRC) recommendations.
Under the proposed reforms, Article 88 of the 1992 Constitution will be amended to remove the requirement that the Attorney-General be appointed as a Minister of State.
“The government proposes that Article 88 be amended to remove the requirement that the Attorney-General be a minister of state.”
A separate Minister for Justice will instead be established to oversee the justice and legal sector, while the Attorney-General will continue to serve as the Republic’s principal legal adviser and retain the state’s prosecutorial authority.
“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.”
Dr Ayine said the reforms are intended to strengthen the prosecutorial independence of the Attorney-General by insulating the office from the executive.
To reinforce that independence, the government also proposes granting the Attorney-General the same terms and conditions of service as a Justice of the Supreme Court.
“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.”
He said the proposal would also strengthen the security of tenure of future Attorneys-General by making their removal subject to the same constitutional process that applies to Supreme Court justices.
“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.”
Article 146 provides for the removal of superior court judges through a petition process, including the determination of a prima facie case before further proceedings can commence.
Describing the proposal as one of the most significant institutional reforms contained in the White Paper, Dr Ayine said it would reshape the legal architecture of the executive.
“This is a significant restructuring of the legal architecture of the executive and I believe history will judge it kindly.”
The Attorney General also disclosed that the government had accepted, in principle, the Constitutional Review Committee’s recommendation to establish an independent anti-corruption body.
However, rather than creating it through a constitutional amendment, the government intends to establish a Public Ethics Commission through the Conduct of Public Officers Bill currently before Parliament.
According to Dr Ayine, the commission will have powers to investigate corruption and conflicts of interest involving public office holders and, in some cases, prosecute offences independently of executive control.