Dear Attorney-General,

Ghana’s justice system is at a crossroads. The decisions you take today will define public trust in the rule of law for decades. I write to urge you, unequivocally, to place firm limits on plea-bargaining, a practice that, if left unchecked, risks undermining the very foundation of justice in our Republic.

PLEA-BARGAINING UNDERMINES CONSTITUTIONAL MANDATES

Article 19 of the 1992 Constitution guarantees every citizen “a fair and public hearing by a court of competent jurisdiction” and requires that the prosecution prove guilt beyond a reasonable doubt. Plea-bargaining, when misapplied, shortcuts this constitutional safeguard by substituting negotiation for an open, evidentiary trial. Efficiency is no justification for bypassing a constitutional right designed to ensure transparency and equal treatment.

REDUCED SENTENCES, WEAKENED DETERRENCE

The Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079) permits plea-bargaining in Ghana. Yet Section 162A, while allowing agreements, does not compel you to approve them. Where the offences involve corruption under the Criminal Offences Act, 1960 (Act 29), economic crimes under the Economic and Organised Crime Act, or violent felonies, negotiated settlements too often lead to penalties far below the harm inflicted. This dilutes deterrence and signals that serious crimes can be bargained away.

THE PERCEPTION—AND RISK—OF CORRUPTION

Even when technically lawful, plea deals for grave offences create the appearance of favouritism. Article 296 of the Constitution warns that discretionary power must not be exercised “arbitrarily, capriciously or biased by resentment, prejudice or personal dislike.” Allowing influential defendants to sidestep full trial proceedings feeds a corrosive public belief that justice in Ghana can be purchased or politically arranged.

A BETTER PATH: STRUCTURAL REFORM, NOT SHORTCUTS

Rather than leaning on plea bargains to clear congested dockets, we should strengthen investigative capacity, digitise case management, and appoint additional judges to meet the demand for timely trials. These measures address delays while preserving the constitutional imperative of open justice.

YOUR MANDATE, OUR FUTURE

As the principal legal adviser to the government under Article 88, you bear the solemn duty to uphold the Constitution and to prosecute in the public interest, not merely to secure quick convictions. I therefore urge you to:

a. Bar plea-bargaining entirely for offences involving corruption, violent crime, or any matter touching the public purse.

b. Issue clear prosecutorial guidelines restricting agreements to only the most minor, non-violent offences.

c. Report annually to Parliament on the use of plea bargains, ensuring democratic oversight.

Ghanaians deserve a justice system where no one, however wealthy or powerful, can negotiate leniency. Justice is not a commodity; it is a constitutional promise. I implore you to honour that promise and restore full public confidence in the rule of law.

This wasn’t the bargain!

Respectfully,

Charles McCarthy