Justice Srem-Sai, Deputy Attorney General and Justice Minister-designate has addressed concerns regarding the potential for multiple prosecutions of an individual for the same offense.
He emphasized that once a person has been acquitted and discharged by a court of competent jurisdiction, they cannot be prosecuted again for the same offense by another legal body.
This principle, known as double jeopardy, is a fundamental aspect of Ghanaian criminal jurisprudence. It ensures that an individual cannot be tried twice for the same offense after a valid conviction or acquittal.
His comments arose in the context of the Office of the Special Prosecutor (OSP) naming former Finance Minister Ken Ofori-Atta as a suspect in multiple high-profile corruption investigations, including those related to the National Cathedral project and Strategic Mobilization Limited.
Srem-Sai clarified that if a person were to be acquitted in these cases, the Attorney General would not have the legal grounds to initiate another prosecution on the same matters.
This stance aligns with Ghana’s legal protections against double jeopardy, which are enshrined in both constitutional and statutory law.
During his appearance before Parliament’s Appointments Committee on February 26, 2025, Justice Srem-Sai, said, “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.”
Justice Srem-Sai’s remarks reinforce the commitment to upholding the double jeopardy principle within Ghana’s legal system, ensuring that once an individual is acquitted of a specific offense, they are not subjected to subsequent prosecutions for the same act.
Suhuyini presents smocks to Appointments Committee members
……
Explore the world of impactful news with CitiNewsroom on WhatsApp!
Click on the link to join the Citi Newsroom channel for curated, meaningful stories tailored just for YOU:
https://whatsapp.com/channel/0029VaCYzPRAYlUPudDDe53x
No spam, just the stories that truly matter! #StayInformed #CitiNewsroom #CNRDigital