Deputy Attorney General and Justice Minister-designate, Justice Srem-Sai, has addressed concerns about the possibility of multiple prosecutions for the same offense in Ghana.
He stressed that once a court of competent jurisdiction acquits and discharges an individual, no other legal body can prosecute them again for the same crime.
This legal safeguard, known as double jeopardy, is a cornerstone of Ghana’s criminal justice system, ensuring that no one is tried twice for the same offense after either an acquittal or a valid conviction.
Srem-Sai’s comments follow the Office of the Special Prosecutor (OSP) designating former Finance Minister Ken Ofori-Atta as a suspect in multiple corruption investigations, including those linked to the National Cathedral project and Strategic Mobilization Limited.
He clarified that if Ofori-Atta were acquitted in these cases, the Attorney General would have no legal basis to prosecute him again on the same charges.
Ghana’s constitutional and statutory laws firmly uphold this protection against double jeopardy.
Appearing before Parliament’s Appointments Committee on February 26, 2025, Srem-Sai stated, “I do not think that the law supports prosecuting one person on the same transaction twice. So, once the person is prosecuted and acquitted on that particular transaction, that should be the end. I don’t think it will be lawful for anyone to start another prosecution in respect of the same transaction.”
His remarks reaffirm Ghana’s commitment to the double jeopardy principle, ensuring that individuals acquitted of a specific offense are not subjected to repeated prosecutions for the same matter.
