The Attorney-General is one of the most powerful and least understood figures in Ghana’s government. The title sounds legal and technical, but the role reaches into almost every corner of public life. When the government is sued, the Attorney-General defends it. When a major criminal case goes to court, the Attorney-General’s office prosecutes it. When a ministry needs legal advice on a policy, the Attorney-General provides it.
Article 88 of the 1992 Constitution establishes the office. The Attorney-General is a Minister of State and the principal legal adviser to the Government of Ghana. The office sits at the heart of governance, connecting the executive, the courts, and the legal system. Understanding what the Attorney-General does — and what the office cannot do — explains how the rule of law operates in practice.
Quick Facts
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The Attorney-General is established under Article 88 of the 1992 Constitution.
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The office holder is a Minister of State and the principal legal adviser to the Government.
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The Attorney-General is responsible for initiating and conducting all criminal prosecutions in Ghana.
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All civil cases for and against the State are handled by the Attorney-General’s office.
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The Attorney-General has audience in all courts in Ghana.
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The office is responsible for drafting and vetting legislation for State institutions.
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The Supreme Court has affirmed that the Attorney-General retains the power to discontinue prosecutions initiated by the Office of the Special Prosecutor.
The Constitutional Role
Article 88 sets out the core functions of the Attorney-General in clear terms.
Principal Legal Adviser: The Attorney-General is the principal legal adviser to the Government. This means that when the President, Cabinet, or any ministry needs legal advice on a policy, a contract, or a proposed action, the Attorney-General’s office provides it.
Criminal Prosecutions: The Attorney-General is responsible for the initiation and conduct of all prosecutions of criminal offences. All offences prosecuted in the name of the Republic of Ghana are at the suit of the Attorney-General or any other person authorised by the Attorney-General in accordance with law.
Civil Litigation: The Attorney-General is responsible for the institution and conduct of all civil cases on behalf of the State. All civil proceedings against the State are instituted against the Attorney-General as defendant.
Right of Audience: The Attorney-General has audience in all courts in Ghana. This means the Attorney-General can appear before any court in the country.
Legislative Drafting: The Attorney-General is also responsible for drafting and vetting legislation, both substantive and subsidiary, for and on behalf of State institutions.
The Ministry of Justice Connection
The Attorney-General heads the Ministry of Justice and Attorney-General’s Department. The Ministry’s mission is to entrench respect for the rule of law, promote human rights, ensure equality of access to justice, and facilitate a fair and efficient legal system.
The Ministry describes its role in broad terms: the Attorney-General acts as the defender of the constitutional order, the guarantor of the rights and liberties of citizens, the protector of the State’s legal interests, and the enforcer of criminal laws.
The Ministry also oversees agencies including the Registrar-General’s Department, which handles business registration, marriage registration, trademark and patent registration, and estate administration.
What the Attorney-General Does in Practice
Providing Legal Advice to Government
Every major government decision has a legal dimension. When a ministry wants to sign a contract, the Attorney-General’s office reviews it. When the government plans a new policy, the Attorney-General advises on its legality. When a state agency faces a legal question, the Attorney-General provides the answer.
This advisory function is central to the office. The Attorney-General is not just a lawyer for the government in court; the office is a lawyer for the government in the boardroom.
Prosecuting Crime
The Attorney-General is the principal prosecutor for the State. The office oversees criminal prosecutions across Ghana. In practice, most routine prosecutions are handled by state attorneys in the Attorney-General’s Department or by the police prosecution service under the Attorney-General’s authority.
The Attorney-General also has the power to discontinue prosecutions. The Supreme Court has affirmed that under Article 88, the Attorney-General retains the power to discontinue any prosecution, including those initiated by the Office of the Special Prosecutor.
Defending the State in Court
When the government is sued — over a contract, a policy, or an action by a state agency — the Attorney-General’s office defends it. All civil proceedings against the State are instituted against the Attorney-General as defendant.
This is a significant responsibility. The State is involved in countless legal disputes, from land cases to commercial contracts to human rights claims. The Attorney-General’s office manages all of them.
Recovering State Assets
The Attorney-General’s office also works to recover state assets and revenue. In recent years, the office has collaborated with the Ghana Revenue Authority to pursue companies operating in the extractive industry, retrieving hundreds of millions of dollars in unpaid taxes.
Drafting Legislation
Before a bill goes to Parliament, it is often drafted or vetted by the Attorney-General’s office. This ensures that proposed laws are legally sound, consistent with the Constitution, and properly structured.
The Attorney-General and the Special Prosecutor
The relationship between the Attorney-General and the Office of the Special Prosecutor (OSP) has been the subject of legal debate and Supreme Court litigation.
When the OSP was established in 2017, questions arose about whether Parliament could create an independent prosecutorial body without amending the Constitution. Article 88 vests prosecutorial authority in the Attorney-General.
In a 2026 ruling, the Supreme Court unanimously upheld the constitutionality of the OSP Act. At the same time, the Court affirmed that the Attorney-General retains the constitutional authority to discontinue prosecutions initiated by the OSP.
The ruling clarified that while prosecutorial authority may be delegated, it must remain subject to the Attorney-General’s oversight and cannot be permanently transferred to an independent institution without a constitutional amendment.
This means the Attorney-General remains the ultimate authority over all prosecutions in Ghana, even those conducted by specialised bodies.
The Office in the News
The Attorney-General is frequently in the public eye, reflecting the office’s central role in governance.
In June 2026, Attorney-General and Minister of Justice Dr Dominic Akuritinga Ayine met with officials of the United States Department of Justice to enhance cooperation in the fight against fraud, cybercrime, and transnational organised crime.
Dr Ayine has also publicly defended the government’s anti-corruption record, stating that he is the first Attorney-General in the Fourth Republic to have brought five corruption cases in one year.
The office has also faced controversy. In July 2026, the Minority in Parliament called for the Attorney-General’s resignation over a GH¢350 million release from the Contingency Fund, alleging that he directed the Bank of Ghana to disregard a court garnishee order. The Minority argued that this amounted to placing the government above the courts. The Attorney-General’s office has not issued a public response to these specific allegations in the available reporting.
Common Misconceptions
“The Attorney-General is just a lawyer for the government”
The role is far broader. The Attorney-General is a Minister of State, the principal legal adviser, the chief prosecutor, and the defender of the State in all civil litigation.
“The Attorney-General can prosecute anyone without limits”
The Attorney-General’s prosecutorial power is subject to the Constitution and the law. Prosecutions must be based on evidence and conducted fairly.
“The Special Prosecutor is independent of the Attorney-General”
The Supreme Court has clarified that the Attorney-General retains the power to discontinue prosecutions initiated by the OSP. The OSP operates within the constitutional framework that vests ultimate prosecutorial authority in the Attorney-General.
“The Attorney-General only handles criminal cases”
The office handles both criminal and civil matters. All civil cases for and against the State go through the Attorney-General’s office.
“The Attorney-General’s legal advice is binding”
The Attorney-General provides legal advice to the government. While the advice carries weight, the ultimate decision rests with the President or the relevant minister, who may seek other legal opinions.
Frequently Asked Questions
Who appoints the Attorney-General?
The Attorney-General is appointed by the President and is a Minister of State. The appointment is subject to parliamentary approval.
Can the Attorney-General be sued?
Yes. All civil proceedings against the State are instituted against the Attorney-General as defendant. This means the Attorney-General is the nominal defendant in lawsuits against the government.
What is the difference between the Attorney-General and the Minister of Justice?
In Ghana, the two roles are held by the same person. The Attorney-General is the Minister of Justice. The Ministry of Justice and Attorney-General’s Department are the institutional structures through which the office operates.
Can the Attorney-General discontinue any prosecution?
The Supreme Court has affirmed that the Attorney-General retains the power to discontinue any prosecution, including those initiated by the Office of the Special Prosecutor.
Does the Attorney-General appear in court personally?
The Attorney-General has audience in all courts in Ghana and can appear personally. In practice, most cases are handled by state attorneys in the Attorney-General’s Department.
What is the relationship between the Attorney-General and the Registrar-General?
The Registrar-General’s Department operates under the Ministry of Justice and Attorney-General’s Department. It handles business registration, marriage registration, trademarks, patents, and estate administration.
Can the Attorney-General be removed from office?
The Attorney-General serves at the pleasure of the President. The President can revoke the appointment. The Attorney-General is also subject to parliamentary oversight.
What to Remember
The Attorney-General is the government’s chief lawyer, chief prosecutor, and chief defender. The office provides legal advice, prosecutes crime, defends the State in court, and ensures that government actions are lawful.
The role is powerful but not unlimited. The Attorney-General operates within the Constitution and the law. The courts can review the office’s actions, and Parliament can hold the office accountable.
The next time you hear about a government lawsuit, a major prosecution, or a legal dispute involving the State, remember the office at the centre of it. The Attorney-General is not just a lawyer for the government. The office is a guardian of the rule of law — and its conduct shapes how justice works in Ghana.
Source: The Accra Daily Mail
Samuel Kwame Boadu is a Ghanaian media entrepreneur and storyteller with a passion for amplifying urban voices and uncovering everyday truths. He is the Editor-in-Chief and Founder of The Accra Daily Mail, a dynamic digital platform dedicated to capturing the pulse of Ghana’s capital—its people, culture, challenges, business, sports and innovations.
