On OSP v Ofori-Atta:No room for double jeopardy under Ghanaian law – Justice Srem-Sai
By DL News
Published
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Addressing concerns about repeated prosecutions, he emphasized that once a person is acquitted by a competent court, they cannot face another trial for the same matter.
Justice Srem-Sai, the Deputy Attorney General and nominee for Justice Minister has reaffirmed Ghana's legal stance against prosecuting individuals multiple times for the same offense.
Addressing concerns about repeated prosecutions, he emphasized that once a person is acquitted by a competent court, they cannot face another trial for the same matter. This principle, known as double jeopardy, is a fundamental safeguard within Ghana’s criminal justice system, ensuring that individuals are not subjected to repeated legal battles over the same allegations.
His comments come in the wake of the Office of the Special Prosecutor (OSP) designating former Finance Minister Ken Ofori-Atta as a suspect in multiple corruption-related investigations, including those linked to the National Cathedral project and Strategic Mobilization Limited.
Justice Srem-Sai clarified that if Ofori-Atta were to be acquitted in any of these cases, the Attorney General would lack the legal authority to pursue fresh prosecutions on the same charges. He underscored that Ghana’s legal framework, as outlined in both constitutional and statutory provisions, firmly upholds protections against double jeopardy.
Speaking before Parliament’s Appointments Committee on February 26, 2025, he stated:
“I do not believe the law permits prosecuting an individual twice over the same transaction. If a person has been tried and acquitted, that should conclude the matter. Initiating another prosecution on the same issue would not be lawful.”
His remarks reaffirm Ghana’s commitment to maintaining legal fairness, ensuring that once an individual is cleared of a charge, they are not unfairly dragged into another trial for the same offense.
