Introduction:

Filing a petition to the Attorney-General (AG) is a formal way for individuals or organizations involved in criminal matters to request legal action or intervention. Many readers may not know how to structure such a petition, what information to include, or how to present it professionally. To make this process easier, we have created a ready-to-use template that you can adapt to your situation. The template ensures your petition is clear, concise, and in line with legal formalities, making it easier for the AG’s office to review and act upon. Before the template, here are a few things to note:

Who can petition the AG:

Any person or organization with a direct interest in a criminal matter may bring a petition. This includes an accused person, a complainant, or a victim of the alleged offence. In some cases, witnesses and even third parties whose property or rights are affected by the prosecution have also sought redress. What matters is that the petitioner demonstrates a legitimate interest in how the case is being handled. Lawyers can petition the AG on behalf of their clients.

Who can a petition be brought against:

The AG is constitutionally mandated under article 88 to initiate and conduct criminal proceedings. This means that every criminal trial is prosecuted at the instance of the AG. However, the constitution also states that the AG can authorize any other person in accordance with any law to prosecute cases on his behalf. Therefore, under section 56 of Ghana’s criminal procedure law, the AG has given a fiat (legal authority) to several institutions to prosecute cases. You need to know this because the level of the AG’s oversight over an institution determines whether or not the AG can intervene if you submit a petition.

Therefore, a petition can be brought against a prosecuting authority/agency or an officer of a prosecuting authority in respect of a criminal case. Ideally, all petitions must go directly to those institutions. If that fails, you may seek redress from the AG. A note of caution is that this petition is strictly limited to the exercise of their prosecutorial power which is derived from the AG. In the next section, I list the institutions that prosecute cases in Ghana:

Agencies with prosecutorial power:

• Prosecutions Division, Office of the Attorney-General: Operating under the Office of the Attorney-General, this division supervises criminal prosecutions and handles all types of criminal cases.
• Ghana Police Service: The police carry out most criminal prosecutions, especially for minor offenses, as the AG’s office has limited personnel. Police prosecutors handle cases in the District and Circuit Courts.
• Ghana Revenue Authority (GRA): GRA has the legal authority to prosecute tax related offences.
• Economic and Organised Crime Office (EOCO): EOCO investigates and prosecutes offenses related to organized crime, money laundering, and other financial crimes.
• Narcotics Control Commission (NACOC): NACOC’s new law gives them expanded law enforcement powers, including the authority to prosecute drug-related offences.
• Social Security and National Insurance Trust (SSNIT): SSNIT’s legal officers prosecute employers who fail to pay social security contributions for their employees.
• Office of the Special Prosecutor (OSP): This is an independent anti-corruption agency that investigates and prosecutes corruption related offences.

The above listed agencies are authorized either by an Executive Instrument or an Act of Parliament (or both) to prosecute cases, but the question is the extent of the supervisory role of the AG. It is not always clear when it comes to institutions that derive their prosecutorial authority by an Act of Parliament. Of course, given that the Constitution is the supreme law of the land, article 88 vests ultimate prosecutorial responsibility in the Attorney-General, a mandate that can be interpreted to encompass oversight. But, there is an ongoing debate on whether any agency or body can have independent prosecutorial powers, that is, independent of the AG’s supervision. A clear example of such an institution is the OSP. Some legal practitioners have argued that the OSP cannot be independent of the AG’s supervision and so an independent OSP is unconstitutional. The proposal is to recreate it by a constitutional amendment rather than the Act, but it remains a matter in contention.

What should a petition contain:

• Petitioner information: this includes name, address and contact information. Organizations can use a letterhead for the petition.
• Recipient information: this includes the AG’s title and address.
• Title: which may briefly describe the petition.
• Introduction: Must contain sufficient identifying information on the case and the reason for the petition.
• Body: The body should contain facts of the case and description of events resulting in the petition. If there are legal grounds to seek redress, they can be provided. The body should also indicate the request, relief or assistance needed. This could be calling for the docket for a second look, directing or taking over prosecution. The petition may request the review of a prosecutorial decision to charge or discharge, and may ask for an investigation into the conduct of a public prosecutor.
• Supporting documents: This part mentions any relevant documents or attachments.
• The petitioner then signs off.

Download a draft petition here.

Additional Tips for Petitioners:

• Filing a petition doesn’t prevent you from going to court if your rights have been violated. If you believe your right to a fair trial is being breached, pursuing judicial redress is the proper course of action. And if your trial is already underway, it’s important to alert the court immediately.
• Keep your petition concise and factual. Avoid emotional or speculative language.
• Although helpful, you do not need to write in subsections as shown in the template.
• Provide as much detailed information as possible about the case to make tracing it easier. Such details may include the docket/file number and the court case number, if any.
• You do not need to know the exact legal grounds; the office will review your petition and determine whether legal grounds exist.
• Petitions may be submitted in respect of criminal cases that are dismissed by the police and are not limited to only cases in court.
• Attach clear evidence to support your claims.
• Include full contact details so the Attorney-General’s office can respond.
• If submitting on behalf of an organization, use official letterhead and include an authorization letter, if any.
• Ensure that all listed attachments are actually attached.
• The petition must be submitted at the Registry of the Office of the Attorney-General. This applies to the head office and regional offices. The Registry will record your details and the date of submission for tracking purposes.
• An officer assigned to handle the petition may issue an acknowledgment of receipt letter or may contact you for further details.
• It is advisable to follow up periodically with the Registry regarding your petition.