Introduction
The Office of the Attorney General and Ministry of Justice (AGMOJ) is a vital institution in many countries, including Ghana, serving as the legal advisor to the government and the custodian of justice for the citizenry. Serving as the legal backbone of the state, the ministry ensures that laws are drafted, enforced, and interpreted in alignment with Ghana’s constitution while safeguarding public interest. Below is a comprehensive outline covering its history, mandate, structure, functions, and operational relevance.
Historical Evolution
The roots of the Attorney General’s role in Ghana trace back to 1877, under colonial administration. Initially, the position evolved from the Judicial Assessor in 1850, later transitioning into the Queen’s Advocate Office in 1876 through the Supreme Court Ordinance. By 1950, the title was formally designated as the Attorney General, charged with representing the Crown in legal matters.
In 1951, the Lidbury Commission recommended reforms in the Gold Coast Civil Service, leading to the establishment of a distinct Ministry of Justice, modeled after the British Home Office. Initially overseen by P.F. Branigan, the ministry absorbed the Attorney General’s Department. With Ghana’s move toward independence, the ministry experienced various restructurings:
- In 1954, it merged with the Ministry of Interior.
- By 1957, under Prime Minister Kwame Nkrumah, it was split again, creating the Ministry of Justice and the Ministry of Interior separately.
- The Attorney General’s Office became independent on August 7, 1957, with Geoffrey Bing as the first post-independence Attorney General.
In 1961, the ministry reunited with the Attorney General’s portfolio, forming the unified Ministry of Justice and Attorney General’s Department, a structure that continues today.
Notable Attorney Generals in Ghana
G. M. Paterson
- Tenure: 6 March 1957 – August 1957
- Government: Nkrumah government
- Party: Convention People’s Party
Geoffrey Bing
- The first Attorney General after Ghana’s independence, he was instrumental in drafting key laws during Nkrumah’s administration, including the Preventive Detention Act. Bing later faced political repercussions, including deportation after Nkrumah’s overthrow.
- Tenure: 7 August 1957 – 29 August 1961
- Government: Nkrumah government
- Party: Convention People’s Party
George Commey Mills-Odoi
- Tenure: 30 September 1961 – 1962
Bashiru Kwaw-Swanzy
- Tenure: 3 September 1962 – 24 February 1966
Victor Owusu
- Tenure: 1966 – April 1969
- Government: National Liberation Council
- Style: Military government
Nicholas Yaw Boafo Adade
- Tenure 1: April 1969 – September 1969 | National Liberation Council | Military Government
- Tenure 2: 14 September 1969 – January 1971
- Government: Busia government
- Party: Progress Party
Victor Owusu
- Tenure: January 1971 – 12 January 1972
- Government: Busia Government
- Party: Progress Party
Edward Nathaniel Moore
- Tenure: 13 January 1972 – 8 October 1975
- Government: National Redemption Council
- Style: Military government
Dr. Gustav Koranteng-Addow
- Tenure: 9 October 1975 – January 1979
- Government: Supreme Military Council
- Style: Military government
Austin N. E. Amissah
- Tenure: 1 January 1979 – 23 September 1979
- Government: Armed Forces Revolutionary Council
- Style: Military government
Joe Reindorf
- Tenure: 24 September 1979 – August 1981
- Government: Limann government
- Party: People’s National Party
A. L. Djabatey
- Tenure: 1 October 1981 – 31 December 1981
- Government: Limann government
- Party: People’s National Party
G. E. K. Aikins
- Tenure: 25 June 1982 – 1988
- Government: Provisional National Defence Council
- Style: Military government
E. G. Tanoh
- Tenure: 14 December 1988 – 1 April 1993
- Government: Provisional National Defence Council
- Style: Military government
Anthony Forson
- Tenure: 1 March 1993 – 30 October 1993
- Government: Rawlings government
- Party: National Democratic Congress
Obed Asamoah
- A prominent figure in Ghana’s legal and political circles, Asamoah contributed significantly to constitutional reforms and legal proceedings during the Rawlings (NDC) era.
- Tenure 1: November 1993 – May 1997 (acting) |Government: Rawlings government | Party: National Democratic Congress
- Tenure 2: May 1997 – 6 January 2001 | Government: Rawlings government |Party: National Democratic Congress
Nana Akufo-Addo
- Tenure: 1 February 2001 – 24 April 2003
- Government: Kufuor government
- Party: New Patriotic Party
Papa Owusu-Ankomah
- Tenure: 1 April 2003 – 2005
- Government: Kufuor government
- Party: New Patriotic Party
J. Ayikoi Otoo
- Tenure: 1 February 2005 – 2006
- Government: Kufuor government
- Party: New Patriotic Party
Joe Ghartey
- Tenure: 16 June 2006 – 7 January 2009
- Government: Kufuor government
- Party: New Patriotic Party
Betty Mould-Iddrisu
- Tenure: 2009 – 2011 | First Female
- Government: Mills government
- Party: National Democratic Congress
Martin Amidu
- Tenure: 4 January 2011 – 2012
- Government: Mills government
- Party: National Democratic Congress
Benjamin Kunbuor
- Tenure 1: 25 January 2012 – 24 October 2012 | Government: Mills government | Party: National Democratic Congress
- Tenure 2: 24 October 2012 – 7 January 2013 | Government: Mahama government | Party: National Democratic Congress
Marietta Brew Appiah-Oppong
- Tenure: February 2013 – 7 January 2017
- Government: Mahama government
- Party: National Democratic Congress
Gloria Akuffo
- Tenure: February 2017 – January 2021
- Government: Akufo-Addo government
- Party: New Patriotic Party
Godfred Yeboah Dame
- Tenure: January 2021 – Present
- Government: Akufo-Addo government
- Party: New Patriotic Party
Core Mandate and Responsibilities
Legal Drafting and Advisory Services:
- Drafting legislation and advising the executive on legal matters.
Civil and Criminal Litigation:
- Representing the state in civil and criminal cases, acting as both prosecutor and defendant where necessary.
Law Reform:
- Recommending changes to laws to meet the evolving needs of society.
Human Rights Protection:
- Ensuring justice delivery aligns with constitutional and international human rights standards.
Judicial Services Support:
- Coordinating judicial processes, including overseeing court administration and alternative dispute resolution mechanisms.
Notable Milestones and Leadership
First Minister of Justice:
- Ebenezer Ako-Adjei, from 1957 to 1958, oversaw pivotal transitions during Ghana’s post-independence era.
Integration of Women in Leadership:
- In 1st December, 2004, Mrs. Regina Ayerko Apotsi made history as Ghana’s first female Judicial Secretary.
Current Structure and Functions
Today, the ministry operates under the leadership of the Attorney General, who simultaneously serves as the Minister of Justice. The department encompasses:
The Legislative Drafting Division
- Responsible for preparing government bills.
The Civil Division
- Handles state litigation.
The Criminal Prosecution Division
- Ensures effective criminal justice processes.
The Law Reform Commission
- Focuses on modernizing Ghana’s legal frameworks.
Conclusion
The Ministry of Justice and Attorney General’s Department stands as a cornerstone of Ghana’s governance and legal integrity. Through its historical evolution and current operations, it continues to champion the principles of justice, equality, and rule of law, essential for Ghana’s democratic growth. Its role remains indispensable in ensuring that the legal framework supports national development while safeguarding citizens’ rights.