The Solicitor-General, Helen Akpene Awo Ziwu, has urged public institutions in Ghana to strengthen collaboration with the Attorney-General's Office to prevent avoidable judgment debts. This call was made at a stakeholder engagement on the jury system, legislative enactment processes, and judgment debts held at the CLOGSAG Auditorium in Accra. Mrs. Awo Ziwu emphasized that 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.
According to Mrs. Awo Ziwu, weaknesses in contract administration, inadequate documentation, and delays in addressing disputes can expose the state to costly litigation and put pressure on public finances. She therefore encouraged Ministries, Departments, and Agencies (MDAs) to provide state attorneys with accurate and requisite information promptly and cooperate fully in managing disputes. This, she believes, will help reduce avoidable liabilities and protect public funds.
Mrs. Awo Ziwu also cautioned that the existence of a judgment debt does not automatically establish wrongdoing or mean that the liability could have been avoided. She noted that some claims against the state arise from legitimate contractual obligations, while others are compounded by weaknesses in contract administration, inadequate documentation, and delayed communication. Each case, she emphasized, must be assessed on its facts, and individual responsibility addressed in accordance with the law.
A Senior State Attorney at the Civil Division of the Office of the Attorney-General and Ministry of Justice (OAGMoJ), Nana Abuaa Brenya-Otchere, also spoke at the event. She stressed that the Attorney-General's Office requires the full cooperation of public institutions to defend cases brought against them effectively. Ms. Brenya-Otchere advised public institutions to maintain complete records of contracts and other transactions, seek legal advice early, and respond promptly when claims are made against them.
Ms. Brenya-Otchere identified judgment debts as often resulting from operational and legal failures that occur before disputes reach the courts. She emphasized that the cheapest judgment debt is often the one prevented by lawful, timely, and well-documented public administration. Public institutions, she urged, must respect court judgments and comply with valid orders.
Amanda Awadey, a representative of the Public Prosecutions Division of the OAGMoJ, discussed the jury system and its challenges. She explained that the jury system enables selected citizens to determine the guilt or innocence of an accused person based on evidence presented in court. However, she identified absenteeism among jurors, delays, difficulties in assessing complex scientific evidence, and resource constraints as some of the challenges confronting the system.
The stakeholder engagement aimed to promote sound administrative practices, improve the handling of legal disputes, and reduce avoidable judgment debts. The event brought together officials from public institutions, the Attorney-General's Office, and other stakeholders to discuss ways to address these challenges. The objective, according to Mrs. Awo Ziwu, is to learn from past cases, correct institutional weaknesses, and protect public funds.
Key points
- Public institutions in Ghana must collaborate with the Attorney-General's Office to prevent avoidable judgment debts.
- Weaknesses in contract administration, inadequate documentation, and delays in addressing disputes can expose the state to costly litigation.
- Public institutions must respect court judgments and comply with valid orders to prevent further legal consequences.
