Attorney-General's Public Commentary on Pending Cases Draws Sharp Criticism

Accra, Ghana – October 23, 2025

A prominent legal practitioner has issued a stern warning that Ghana's Attorney-General must exercise greater restraint in his public commentary on ongoing legal matters, arguing that his media statements risk undermining judicial independence and public trust in the justice system.

Call for Professional Restraint

Austin Kwabena Brako-Powers, a governance analyst and lawyer, expressed deep concern about what he described as the Attorney-General's pattern of making prejudicial statements that suggest guilt before courts have had the opportunity to examine evidence or render judgment.

In an interview monitored by vistanewsgh.com on October 23, Brako-Powers did not mince words about his concerns. "My position on this style of the Attorney-General is well known. I think the Attorney-General is always drawing hasty conclusions and it is very bad," he stated.

He emphasized that as the leader of the Bar, the Attorney-General bears a special responsibility to maintain neutrality and uphold the principles of due process, rather than engaging in what appears to be trial by media.

"Convicting People in the Media"

The legal expert took particular issue with instances where the Attorney-General has made public pronouncements that appear to prejudge the outcome of cases still before the courts.

"This is somebody who is supposed to uphold the law, and the same person is convicting somebody in the media when the Court has not had the opportunity to determine and even look at the very facts he claims to have uncovered," Brako-Powers said.

He warned that such conduct is "disappointing and disheartening," especially when it comes from the nation's chief legal advisor who should be modeling the highest standards of legal ethics and professional conduct.

Presidential Intervention Urged

Brako-Powers suggested that President John Dramani Mahama may need to intervene to rein in his Attorney-General, drawing a distinction between political posturing and legal responsibility.

"I think the President may have to rein in the Attorney-General because it is one thing to feed off the expectations of your grassroots and another to defend the law. He is supposed to be on the side of the law, not on the side of the grassroots," he cautioned.

The lawyer characterized the Attorney-General's approach as "more political than legal," warning that this posture could damage the credibility of the office in the long term.

Risks to Justice System

According to Brako-Powers, the Attorney-General's conduct poses real risks to both the administration of justice and public confidence in legal processes. He raised a pertinent question about the consequences of premature public declarations.

"When you paint a picture that someone is criminal when you have not arraigned the person before a court of competent jurisdiction, what if you end up not getting what you want? The grassroots will be more disappointed than they are currently."

His advice to the Attorney-General was straightforward: "He must be patient and allow the law to work. Justice must not only be done but must be seen to be done."

LGBTQ+ Bill Does Not Need Re-Passage

On a separate legal matter, Brako-Powers also addressed the ongoing debate surrounding the controversial LGBTQ+ Bill, firmly rejecting arguments that Parliament must pass the legislation again following the change in government.

"There is no need to pass the LGBTQ+ Bill again. We should take the 2024 Bill that was passed and present it to President Mahama for assent," he stated.

He explained that government operates as a continuous entity, and properly passed legislation does not automatically expire with the dissolution of Parliament or change of administration.

Brako-Powers placed responsibility for the current impasse squarely on the previous Parliament's inaction. "The reason we are here is because Parliament slept. Once the Supreme Court disposed of the related cases or once the President failed to assent within fourteen days, Parliament was supposed to act."

He noted that the law is clear on the procedure when a president fails to communicate a decision on legislation within the constitutionally mandated timeframe, and Parliament should have acted accordingly rather than remaining passive.

Call for Clarity

The legal expert urged the current administration to provide definitive direction on the LGBTQ+ Bill rather than allowing uncertainty to persist.

"Ghana deserves clarity. We either enforce the bill passed or move on. This dragging of the process helps no one," he concluded.

No Official Response Yet

As of press time, neither the Office of the Attorney-General nor the Presidency has issued a formal response to Brako-Powers' criticisms.

Human rights organizations continue to monitor both issues closely—the conduct of legal proceedings and the fate of the LGBTQ+ Bill—amid concerns about constitutional implications and the integrity of Ghana's legal system.

The debate highlights ongoing tensions between political imperatives and legal principles in Ghana's democratic governance, with calls growing louder for clearer boundaries between political rhetoric and prosecutorial responsibility.