Deputy Minister for Justice and Attorney-General, Dr Justice Srem-Sai, has reiterated that the exercise of public power must be firmly grounded in law, stressing that no authority can act without legal backing
He made the remarks during a discussion on The Law programme hosted by Samson Lardy Anyenini on Sunday, 19th April, while addressing the ongoing debate surrounding the Office of the Special Prosecutor (OSP) and its prosecutorial mandate.
Dr Srem-Sai explained that a fundamental principle of public law requires that any institution or official must derive their authority from an enabling statute before exercising power.
According to him, this principle is central to maintaining constitutional order and preventing the arbitrary use of authority
“In public law, the principle is that, you do not exercise power in any form in any manner, unless there is a law authorising you to do so. That is the reason why I cannot go and sit as a judge because I have no power to do so and that is why you cannot sit as president and do things by yourself. And when you do those things, we say you are acting unlawfully,” he explained on the show.
His comments follow a recent High Court ruling which held that the OSP does not possess independent prosecutorial powers unless it obtains authorisation from the Attorney-General.
The Deputy Minister noted that the ruling reinforces the legal framework governing the exercise of prosecutorial authority in Ghana, underscoring the pivotal role of the Attorney-General in such matters.
