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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.

Deputy Minister-Designate for Attorney-General and Justice, Justice Srem-Sai has disclosed that his doctoral studies at the University of Leeds School of Law in England were financed by the Ghana Education Trust Fund (GETFund).

He mentioned that the state incurred approximately £20,000 annually for his tuition.

This revelation came during his appearance before Parliament’s Appointments Committee on Wednesday, February 26, 2025.

“My PhD abroad was funded by GetFund. GETFund has on record all the people and how much they have paid, I will recommend that GETFund can provide.”

This revelation comes in the context of previous reports highlighting that several lecturers, including Justice Srem-Sai, benefited from GETFund scholarships intended to support higher education pursuits.

The Minority in Parliament has rejected the nomination of Deputy Attorney General and Justice Minister-designate, Justice Srem-Sai, following a disagreement with the Chairman of the Appointments Committee, Bernard Ahiafor.

The dispute arose when Minority Leader Alexander Afenyo-Markin requested Srem-Sai to demonstrate the traditional dance a move the Chairman vehemently opposed.

Taking offense, Afenyo-Markin described the Chairman’s stance as ‘whimsical’ and claimed he was ‘rudely interrupted,’ indicating unfair treatment toward the Minority.

After a ten-minute suspension of the vetting process, the Minority returned and declared their rejection of Srem-Sai’s nomination.

Afenyo-Markin noted that, despite smooth vetting sessions since Monday, February 24, 2025, they have also rejected the nominations of Alhassan Suhuyini, Deputy Minister-designate for Roads and Highways who had been vetted already, Sulemana Yussif, Deputy Minister-designate for Lands and Natural Resources, and Yussif Issaka Jajah, Deputy Minister-designate for Tourism, Culture and Creative Arts.

The Effutu MP stated, “When it got to me the leader of the caucus, there were all manner of interruptions. Including an interruption by the Attorney General [Dr Dominic Ayine] himself, of which you curiously said you never heard.

“Again, the Majority Chief Whip, Rockson-Nelson Dafeamekpor, came in interrupting, though not into the mic. It was aimed at obstructing the smooth process of my vetting of the nominee [Srem-Sai]. Eventually, you allowed him to ask a so-called follow-up question.

“The minority caucus rejects the nomination of the Deputy Attorney General and that the decision of it will be solely yours as majority caucus. For today [February 26], all other nominees in furtherance of our protest, we’re also rejecting them, and your decision will remain yours as majority caucus.”

The Supreme Court has by a 4-1 majority decision stayed the High Court in Koforidua from sentencing the Member of Parliament for the Akwatia Constituency, Ernest Yaw Kumi in a contempt case pending the final determination of a motion seeking to quash the ruling. 

Justice Gabriel Pwamang, dissented while the four other members of the panel approved the stay. 

Background

In a motion on notice for an order for certiorari and prohibition, the MP through his counsel contended that the High Court judge committed a jurisdictional error of law on the face of the record when he assumed jurisdiction in Parliamentary Election Petition at Akwatia Constituency at the time when the Electoral Commission had not published the Gazette Notification. 

The MP argued that the High Court Judge breached the rules of natural justice when he proceeded to hear and determine the contempt application despite the pendency of his (the MP) motion to set aside the said contempt application for want of jurisdiction

According to him, the High Court Judge was also biased and highly prejudiced against him when he, among others, refused to grant his counsel audience on the basis that counsel had not filed “Appearance” in the contempt application. 

The MP sought a declaration that the Petition filed by Henry Boakye-Yiadom, the first Interested Party (IP) on December 31, 2024 in the absence of the Gazette Notification of the Parliamentary Election Result to which the election relates was incompetent  as same did not properly invoke the jurisdiction of the High Court and that “any order founded on the same is void  and of no effect.” 

Mr Kumi also sought a “declaration that the Contempt Proceedings and Ruling dated 19th February 2025, found on premature election petition filed on 31st December 2024 is void and of no effect”.  

The MP prayed for an order of certiorari from the Supreme Court quashing the Koforidua High Court ruling dated February 19, 2025, the petition filed on December 31, 2024, and Interim Injunction order on January 2, 2025, and ruling on January 6, 2025, made pursuant to the said premature Election Petition, filed December 31, 2024.

In a passionate defence of the National Democratic Congress (NDC)’s revocation of appointments made post-elections, the South African Council of Elders Chair for the National Democratic Congress (NDC), Mr. Benjamin Kofi Quashie, has suggested that the Public Service of Ghana must function independently and professionally.

Highlighting the revocation of appointments and recruitments, he emphasized that appointments nuanced with politics should be discouraged going forward.

Contributing to a panel discussion on Joy News PM Express, Monday, 24th February 2025, on the topic, “Revocation of Appointments: Counting the Political and Socioeconomic Cost”, he defended the Chief of Staff, Mr. Julius Debrah’s actions, stressing they were done in good faith to sanitise employments made into the Public Service.

“The Public Service must always function independently and professionally; it should break free from political interference,” he said. 

In defending this posture of the NDC, Quashie underscored that the government’s current actions are aimed at weeding out unqualified and unprofessional people from the Public Service and ensuring that competent and qualified people are employed to man our services. Quashie emphasised the legitimacy of the dismissals by stating that their recruitment was politically motivated rather than being based on merit, qualifications, or national needs. He pointed out the timing after December 7th raises concerns about irregularities, rushed appointments and a deliberate attempt to overburden the incoming administration, giving the government the right to review and nullify last-minute appointments that did not follow due process. 

In furtherance of his justification for the mass revocation of the recruitments, Quashie references the recent National Service Scheme (NSS) scandal, which exposed widespread corruption in public sector recruitment. To him, this serves as a strong justification for cleaning up the public sector, ensuring that all corruption-related individuals are removed, and reinforcing accountability in government institutions by preventing politically motivated and fraudulent appointments that undermine transparency, efficiency and national interest. 

“The era in which the Public Service is used to reward political individuals or followers must cease forthwith”, he stressed, adding that the state must ensure the Public Service works in the interest of and for the betterment of the Ghanaian people. 

To achieve this, the SA Council Chair proffered that the government must ensure that employment opportunities are available to all qualified Ghanaians, not just those aligned with a particular political party. This, according to him, would offer many deserving candidates the opportunity to compete favourably for government employment opportunities. 

Such actions are intended to curtail they being overlooked in favour of last-minute, politically influenced appointments, making it essential to follow proper recruitment processes that uphold fairness and transparency in hiring decisions. Mr. Quashie expresses worry at the NPP’s posture, highlighting the NPP has undertaken similar reviews and dismissals of politically motivated late appointments in their immediate past government. This happened because public sector appointments must follow proper procedures and approvals, and if these were bypassed, the appointments would be void, especially when some were not captured in the national budget, making them financially unsustainable.

Assuring Ghanaians of the NDC’s determination to do the right things, Quashie noted factually that the Minister of Health, Kwabena Mintah Akandoh, has emphatically stated that the 15,200 nurses recruited between June and August 2024 will not be asked to go home, which further justifies the actions of the Chief of Staff regarding procedural lapses in post-election recruitments.

The NDC government, according to him, is committed to transparency and accountability in governance by protecting public institutions from political exploitation, ensuring that employment decisions are fair and justified, and guaranteeing that future employment processes are based on national interest rather than political advantage.

Conversely, “anybody recruited after December 7th, rather unfortunately, we would review those appointments,” he noted.

As President Mahama prepares to give Ghanaians his first State of the Nation Address after swearing in, most Ghanaians are patiently waiting to assess how he answers such thorny issues as revocation of appointments at a time when youth unemployment is very high, and the steps his government intends to adopt to provide job opportunities for the youth.