This suggestion follows a letter sent by Mr. Tuah-Yeboah to the Inspector General of Police, Mr. George Akufo Dampare, requesting investigations into deaths reported during the 2020 and 2024 general elections.
Highlighting the importance of strong evidence in legal proceedings, Mr. Tuah-Yeboah stated, “If we go to court, we deal with hard evidence, and no prosecutor wants to go to court with weak or insufficient evidence.”
He explained that when the AG’s office identifies gaps in documents, these are typically referred to the Criminal Investigations Department (CID) for further investigation.
However, he noted a critical limitation in the current system: “The Office of the Attorney General doesn’t have its own investigators. The AG’s office relies on the police services and other institutions to conduct investigations.”
To address this, Mr. Tuah-Yeboah proposed establishing an investigative unit under the AG’s office, modeled after organizations like the Economic and Organised Crime Office (EOCO) or the Office of the Special Prosecutor (OSP).
He emphasized that such a unit, directly managed by the AG, would provide better control and efficiency in handling investigations.
Clarifying the current structure, he said, “The police service is under the Ministry of the Interior; they are not under the AG’s office. It’s only the CID who can get in touch with them, directing them on what to do, but technically speaking, they are not under the AG.”
Despite Mr. Tuah-Yeboah’s arguments, Mr. Peter Lanchene Toobu, Member of Parliament for Wa West, disagreed with the proposal.
Mr. Toobu contended that delays in investigations are due to challenges with the CID’s competence and capacity, not the separation of powers. “It is a question of the competence and capacity of the CID, whether it is due to nepotism in recruitment, a lack of equipment, or the failure to properly equip the entire department to perform effectively,” he explained.
He also expressed concerns about the police’s involvement in prosecution, stating, “I don’t like the idea of the police prosecuting. Let the prosecution, as outlined in the constitution, remain the responsibility of the Attorney General.”
According to Mr. Toobu, addressing the CID’s challenges, including recruitment practices and resource allocation, would be a more effective solution than creating a new investigative team under the AG’s office.
While Mr. Tuah-Yeboah advocates for an independent investigative team within the AG’s office to improve efficiency and control, Mr. Toobu maintains that strengthening the CID’s capacity is the best path forward.
Both perspectives aim to enhance Ghana’s investigative and prosecutorial systems, albeit through differing approaches.
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