Ghana Faces Sierra Leone Moment as Prosecutorial Powers come under strain

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 Emerged

Before 2019:

• The ACC could investigate corruption
• But it needed the consent of the Attorney-General to prosecute

This arrangement was widely criticised for:

• delays in prosecution
• perceived political interference
• weak enforcement of anti-corruption laws

2. What Changed — 2019 Reform

In 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 enforcement
• remove bottlenecks
• enhance institutional independence

3. How the Conflict Arose

The reform created a legal tension:

• The Constitution still vests prosecutorial authority in the Attorney-General and the Director of Public Prosecutions
• But the new law gave the ACC independent prosecutorial power

This 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 Tested

The issue arose shortly after the 2019 amendment, as:

• the ACC began prosecuting cases without seeking approval from the Attorney-General
• concerns were raised about constitutionality and overlap of powers

The matter was taken to the courts, ultimately engaging the Supreme Court of Sierra Leone.

5. How the Supreme Court Resolved It

The Court adopted a balanced interpretation, based on two principles:

First: The ACC’s powers are valid

• Parliament has the authority to create specialised bodies
• The ACC can investigate and prosecute corruption independently

Second: The Constitution remains supreme

• The Attorney-General’s authority is constitutional and cannot be overridden by statute

6. The Outcome

The 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 approval
• The Attorney-General remains the ultimate constitutional authority in the prosecutorial system

7. What This Means in Practice

• The ACC operates with functional independence
• The Attorney-General retains constitutional primacy
• The system works through:
  • legal boundaries
  • institutional restraint
  • practical coordination

8. Key Lesson for Ghana

The Sierra Leone experience shows that:

• Expanding the powers of a specialised anti-corruption body can improve effectiveness
• But unless the Constitution is amended:
  • the Attorney-General’s authority will continue to exist alongside it

The solution adopted was not to eliminate one authority, but to:

allow both to operate, while preserving the supremacy of the Constitution

There is nothing new under the sun.

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.