In the recent vetting of the Attorney General designate, Mr. Kwaku Ansah-Asare, the former Director of the Ghana School of Law, has expressed his view on the handling of inquiries, particularly concerning the legality of Operations Recover All Loots (ORAL).

Mr. Ansah-Asare expressed his disapproval of the Attorney General’s responses, suggesting that his response during the vetting on matters of O.R.A.L revealed a lack of decisiveness in addressing its legalities.

Meanwhile others are of the view that Dr. Ayine’s position on ORAL was quite simple even if ORAL is not backed by law, doesn’t make it unlawful.

However, Dr. Ansah-Asare emphasized that the Attorney General’s responses were insufficient. He emphasized;

“As far as the ORAL issue is concerned, I think he was economical with the truth. I have known my good friend Ayine, to be very courageous in putting [his] views across. On this particular issue, I think he nodded a little by trying to answer affirmatively the issue of legality. The ORAL thing is devoid of legality.”
Mr. Kwaku Ansah-Asare Former Director of Ghana School of Law

According to Mr. Ansah-Asare, the role of the Attorney General is to provide clear legal advice. He asserted;

“As the Attorney General, he has to decide whether an act is devoid of legality or has support of legality. As far as that issue is concerned, I will beg to differ with his opinion. I believe that ORAL has no legal support, and he has to admit that.”
Mr. Kwaku Ansah-Asare Former Director of Ghana School of Law

Mr. Ansah-Asare underscored the importance of the Attorney General’s role in addressing such issues transparently which he believes was not demonstrated during the vetting. He emphasized;

“As attorney general and the principal legal adviser to the government of Ghana, he has to also have the moral courage to say things as they are. If it is devoid of legality, he should tell the nation. This one, he cannot defend it and then put a matter to rest.”
Mr. Kwaku Ansah-Asare Former Director of Ghana School of Law

Mr. Ansah-Asare warned that failing to do so could lead to ambivalence and serious national issues. He remarked;

“I think he spoke as a politician and not as a lawyer, which is something he shouldn’t have done. He was being vetted not as a politician, but as attorney general designate and minister of justice. So, truth is very crucial.”
Mr. Kwaku Ansah-Asare Former Director of Ghana School of Law

This political undertone, Dr. Ansah-Asare argued, was inappropriate for the context of the vetting.

Confidence in the Attorney General’s Professionalism

Despite his critiques, Mr. Ansah-Asare expressed confidence in the Attorney General’s overall capabilities, noting;

“It is one thing, retaining answers at a vetting and another executing your task with professionalism. I have no doubt that he would come out as a good Attorney General.”
“I found him to be morally upright, which is what the requirement that the constitution has imposed on our Attorney Generals.”
Mr. Kwaku Ansah-Asare Former Director of Ghana School of Law

Mr. Ansah-Asare acknowledged that the line of questioning by the minority unsettled the Attorney General, which may have affected his responses. He added;

‘I think he got to the point when he saw that the minority leader was trying to pin him down to areas that he wasn’t adequately prepared for.”
Mr. Kwaku Ansah-Asare Former Director of Ghana School of Law

This, Mr. Ansah-Asare suggested, could explain the less confident responses on certain legal issues.

Mr. Kwaku Ansah-Asare’s assessment of the Attorney General’s vetting sheds light on the challenges and expectations of the role.

While Mr. Ansah-Asare expressed confidence in the Attorney General’s potential to excel in his role, he underscored the importance of separating political rhetoric from legal responsibilities during the vetting process.