Staff of the Office of the Attorney-General and Ministry of Justice (OAGMoJ) have been urged to strengthen collaboration with public institutions, improve the handling of legal disputes and promote sound administrative practices to reduce avoidable judgment debts.
This is because public institutions have a responsibility to manage their legal obligations properly and work closely with the Attorney-General’s Office to address disputes before they escalate.
The Solicitor-General, Helen Akpene Awo Ziwu, who made the call, said weaknesses in contract administration, inadequate documentation and delays in addressing disputes could expose the state to costly litigation and put pressure on public finances.
Mrs Awo Ziwu made the call at a stakeholder engagement on the jury system, legislative enactment processes and judgment debts at the CLOGSAG Auditorium in Accra last Thursday (October 29).
“MDAs and public institutions must provide state attorneys with accurate and requisite information promptly and cooperate fully in managing disputes,” she said.
Mrs Awo Ziwu cautioned that the existence of a judgment debt did not automatically establish wrongdoing or mean that the liability could have been avoided.
She said although some claims against the state arose from legitimate contractual obligations, others were compounded by weaknesses in contract administration, inadequate documentation and delayed communication.
“Each case must be assessed on its facts, questions and individual responsibility addressed in accordance with the law, and valid, enforceable judgments respected,” she said.
She said the objective was to learn from past cases, correct institutional weaknesses, reduce avoidable liabilities and protect public funds.
Legal defence
A Senior State Attorney at the Civil Division of the OAGMoJ, Nana Abuaa Brenya-Otchere, said the Attorney-General’s Office required the full cooperation of public institutions to defend cases brought against them effectively.
“The Attorney-General cannot manufacture a defence.
You will bring us the defence that we need, the documents that we need, the evidence that we need, and then we'll be able to defend it,” she said.
She said judgment debts were often the result of operational and legal failures that occurred before disputes reached the courts.
“The cheapest judgment debt is often the one prevented by lawful, timely and well-documented public administration,” she said.
Ms Brenya-Otchere urged institutions to maintain complete records of contracts and other transactions, seek legal advice early and respond promptly when claims were made against them.
She also called on public institutions to respect court judgments and comply with valid orders.
Jury system
A representative of the Public Prosecutions Division of the OAGMoJ, Amanda Awadey, said the jury system enabled selected citizens to determine the guilt or innocence of an accused person based on evidence presented in court.
She explained that while the judge directed the jury on matters of law, the jurors considered the evidence and reached a verdict.
“Decisions made by the jury must be based solely on the evidence presented inside the courtroom,” she said.
Ms Awadey identified absenteeism among jurors, delays that could result in trials being restarted, difficulties in assessing complex scientific evidence and resource constraints as some of the challenges confronting the system.
She also called for measures to broaden the pool of eligible jurors and encouraged citizens to regard jury service as an important civic responsibility.
