Hon. Joe Ghartey, the current Board Chair of the Ghana Revenue Authority and a former Attorney-General (A-G) of Ghana has provided his perspective on the recent controversies surrounding the powers and actions of the current Attorney-General, Godfred Yeboah Dame. His insights are informed by his experience and tenure as A-G from June 2006 to January 2009.

Hon. Ghartey acknowledged that the A-G’s powers are extensive but emphasized that they are not absolute. He asserted that these powers are constrained by the law, reflecting the fundamental principle that all authority in Ghana is subject to legal oversight. This serves as a reminder that the A-G must operate within the legal framework and cannot act arbitrarily.

“Whilst I was A-G, there were several situations where the office was engaged in plea bargaining. We had no law to guide us, but we sought at all times to act in the best interest of the State and in good faith. Today, we have a much better situation. Since 2022, issues relating to plea bargaining are governed by law.”
Hon. Joe Ghartey, Board Chair of the Ghana Revenue Authority

One of the key points Hon. Ghartey highlighted is the recent enactment of the Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079), which formalizes the process of plea bargaining in Ghana. He credited Godfred Yeboah Dame for spearheading this significant legal development. He again appreciated the clarity and structure that the new law provides, which ensures that plea bargaining is conducted within a well-defined legal context.

A recent Ambulance trial involving plea bargaining and an alleged meeting between the A-G and an accused person at Justice Kulendi’s house has sparked media debate. Hon. Ghartey drew parallels to his own experience with the ‘Tagor Case,’ where a recording was deemed inadmissible due to privacy concerns. He also noted that such issues are not new and that similar legal and ethical questions have been addressed in past cases, such as the Sallah case from the 1960s.

Legal and Ethical Considerations

Moreover, Hon. Ghartey discussed the ethical implications of a lawyer meeting a judge and suggested that while such interactions are not uncommon, the circumstances surrounding them can be contentious. He implied that the A-G’s decision to meet an accused person, whether accidental or not, raises questions about propriety and whether he should have excused himself from the situation.

Hon. Joe Ghartey further emphasized the importance of refraining from public commentary on matters that are sub judice (under judicial consideration).

Hon. Ghartey suggested, “It is prudent to wait for the court’s decision before engaging in extensive public discussion.” This underscores his respect for the judicial process and the principle of judicial independence.

Hon. Ghartey offered words of encouragement to Godfred Yeboah Dame. He advised the current A-G to continue his prosecutorial duties diligently and to engage in plea bargaining when appropriate, without fear or favor. Ghartey’s message is one of resilience and integrity, urging the A-G to remain strong, fair, and guided by a commitment to justice.

The recent controversies surrounding the Attorney-General’s (A-G) interactions with accused persons have centered around allegations of misconduct, misuse of power, and potential violations of due process. These controversies have emerged in the context of the ongoing ambulance procurement case involving Richard Jakpa, the third accused person, and the trial of Cassiel Ato Forson, the Minority Leader.

There are allegations that the A-G coached Richard Jakpa to implicate Cassiel Ato Forson, the Minority Leader, in the ambulance procurement case. This accusation has intensified calls for the A-G’s resignation and raises concerns about the misuse of the A-G’s constitutional powers.

Hon. Joe Ghartey’s reflections provide a nuanced perspective on the role and responsibilities of the Attorney-General in Ghana. His analysis bridges past experiences with current challenges, highlighting the evolution of legal practices such as plea bargaining. Ghartey’s balanced approach advocates for adherence to the law, ethical conduct, and respect for the judicial process while supporting the current A-G in navigating the complexities of his role.