Deputy Minister for Justice and Attorney-General, Justice Srem-Sai, has stressed that the exercise of public power must always be backed by law, insisting that no authority can act outside a clear legal mandate.
He made the remarks during an appearance on The Law programme hosted by Samson Lardy Anyenini on Sunday, April 19, where he addressed the ongoing debate over the prosecutorial powers of the Office of the Special Prosecutor (OSP).
Dr Srem-Sai explained that a core principle of public law requires every institution or public official to derive their authority from an enabling law before exercising power. He noted that this principle is essential for preserving constitutional order and preventing the arbitrary use of authority.
“In public law, you do not exercise power in any form unless there is a law authorising you to do so. That is why I cannot sit as a judge, because I have no authority to do so. In the same way, no one can act as president and take decisions outside the law. When that happens, it becomes unlawful,” he said.
His comments come in the wake of a recent High Court ruling which held that the OSP does not have independent prosecutorial powers unless it receives authorisation from the Attorney-General.
According to the Deputy Minister, the ruling reinforces the legal framework governing the exercise of prosecutorial authority in Ghana, highlighting the central role of the Attorney-General in such matters.
Watch the full interview below