Criminal Trials Are Judiciary-Controlled: AG Defends Prosecution Tempo

Introduction

The Attorney-General and Minister of Justice, Dr. Dominic Akuritinga Ayine, has clarified the role of the executive in criminal prosecutions, emphasizing that the pace of trials is largely determined by the judiciary. His remarks come amid public scrutiny over delays in high-profile cases, including the National Cathedral project. This article breaks down his statements, explains the legal framework, and offers practical advice for understanding how prosecutions work in Ghana.

Key Points

Background

Recent criticism from former Auditor-General Daniel Domelevo and others has called for faster action on high-profile corruption cases submitted under the Operation Recover All Loot (ORAL) initiative. Domelevo suggested that the credibility of the anti-corruption fight now rests largely on how the Attorney-General handles these cases.

In response, Dr. Ayine appeared on PleasureNews’ Newsfile on January 10, 2026, to explain the legal realities of prosecution and the limits of executive power in the justice system.

Analysis

Why the Judiciary Controls Trial Tempo

The separation of powers in Ghana’s Constitution means that once a case is filed in court, the trial process is managed by the judiciary. Prosecutors present evidence and arguments, but judges decide procedural matters such as adjournments, timelines, and case management.

Dr. Ayine illustrated this by noting that even if prosecutors request a shorter adjournment, a judge may grant a longer one, and the prosecutor cannot override that decision. This is a fundamental principle of judicial independence.

The National Cathedral Case: Why a Forensic Audit Is Required

Dr. Ayine stated that he cannot proceed with the National Cathedral prosecution until he receives a forensic audit report. This is because:

• A forensic audit provides detailed financial analysis needed to build a legally sound case.
• Without it, any charges could be dismissed for lack of evidence.
• The report helps identify specific individuals and transactions involved in alleged wrongdoing.

This requirement reflects a commitment to due process and the rule of law, rather than political expediency.

Public Pressure vs. Legal Realities

While the public understandably wants swift justice, Dr. Ayine warned against rushing prosecutions at the expense of thoroughness. He noted:

• Rushing can lead to procedural errors that weaken a case.
• Cases that are not well-prepared may fail in court, undermining public confidence.
• The goal is to secure convictions that stand up to appeal, not just to file charges quickly.

He emphasized that the government’s approach is to build strong, defensible cases that can withstand judicial scrutiny.

The Role of the Attorney-General in Prosecutions

The Attorney-General has the constitutional authority to initiate and conduct criminal proceedings. However, this power is not absolute:

• The AG must follow legal procedures and respect court decisions.
• Once a case is in court, the judiciary takes the lead.
• The AG cannot interfere with judicial independence or dictate trial timelines.

This balance ensures that justice is both fair and efficient, though not always fast.

Practical Advice

For the Public: Understanding the Justice System

To better understand why prosecutions take time, citizens should know:

• Trial delays are often due to court schedules, not prosecutorial delays.
• Judges have discretion over adjournments and case management.
• Strong evidence, including forensic reports, is essential for convictions.
• Rushing can harm the integrity of the justice system.

For Media and Commentators: Responsible Reporting

When covering high-profile cases, journalists and commentators should:

• Acknowledge the role of the judiciary in controlling trial pace.
• Avoid blaming prosecutors for delays caused by court procedures.
• Emphasize the importance of due process and legal rigor.
• Seek clarification from legal experts before making accusations.

For Policymakers: Supporting Judicial Efficiency

To improve the speed of justice without compromising quality, policymakers can:

• Invest in court infrastructure and staffing.
• Support the use of technology for case management.
• Ensure timely delivery of forensic and investigative reports.
• Encourage alternative dispute resolution where appropriate.

FAQ

Conclusion

Dr. Dominic Ayine’s remarks highlight a crucial but often misunderstood aspect of the justice system: criminal trials are judiciary-controlled procedures. While the public and media may demand faster action, the reality is that once a case is in court, the pace is largely in the hands of judges.

The Attorney-General’s call for patience and legal rigor is not an excuse for inaction, but a reminder that justice must be both swift and sure. Building strong cases with proper evidence, such as forensic audits, ensures that convictions are durable and public confidence is maintained.

As Ghana continues its fight against corruption, it is essential to balance the desire for quick results with the need for fair, transparent, and legally sound prosecutions. The credibility of the anti-corruption effort depends not just on how fast cases move, but on whether they result in lasting justice.