ghananlpcommunity/ghana-gov-speeches-sentences huggingface dataset:
Madam Chair, it is not for nothing that Ghana’s National Health Insurance Scheme continues to win many global awards for its stellar accomplishments.
In 2005, the number of people on the scheme was 1.3 million.
Over a ten year period, the NHIS membership has increased by over 9-fold or by 850% with coverage for over 95% of reported disease conditions in the country.
The NHIA’s database discloses that as of today, 40, 000 people register with the scheme every day.
As far as utilization goes, 8 to 9 out of every ten attendees at a public hospital are insured card holders.
Millions of Ghana cedis is paid out in claims.
Further, various innovations continue to be rolled out by the scheme; an electronic claims management platform which is used for the big-ticket hospitals, instant ID card issuance system, establishment of Claims Processing Centres, biometric registration, clinical audits, and some other interventions.
Madam Chair, the above successes notwithstanding, undeniable challenges persist.
It would be preposterous to claim otherwise.
But let us bear in mind that challenges present opportunities for creativity and success.
These are most obvious in the financing of the scheme.
The facts clearly show that whereas between 2005 and 2008 revenue outstripped expenditure, with increasing utilization and higher total claims reimbursed to various health facilities, expenditure continues to outstrip income especially between 2009 and 2014.
Funding is therefore clearly not adequate at current disbursement rates.
In addition, many facilities continue to report attendant undue delays in the prompt payment of their submitted claims beyond the 90 day lag time provided under law.
These delays have in turn raised dire implications for the quality of care provided.
Madam Chair, the above revenue challenges are further compounded by the following; possible overuse and misuse of the scheme by the insured, Inequities in utilisation for the uninsured, inadequate targeting of the poor and vulnerable in society, undue focus of the scheme on paying for curative services instead of preventive and promotive health services and to an extent, a certain sense of diminished local ownership and sense of mutual risk sharing with the centralization of the scheme.
Madam Chair, on the way forward, I wish to advocate three positions.
Firstly, we should all welcome the report of the Technical Working Group set up by government to review the National Health Insurance Scheme unto a more sustainable path.
Specifically, the recommendations envisaging fundamental design reforms aimed at enhancing equity, improving access to services, and assuring financial protection should be welcome.
I applaud the current attempt at corralling bipartisan support for this reform agenda which at its core, advocates for coverage for all for essential primary healthcare package, especially for maternal and child health, while raising the possibility of other payment options.
Secondly, I strongly urge the National Health Insurance Authority to encourage greater participation of the private sector in the provision of private health insurance options.
The combined effects of the National Health Insurance Scheme, the private commercial schemes and additionally, the private mutual schemes is what will ultimately enable the country’s quest for universal health coverage.
Thirdly, may I add my voice to appeals already made to government to find additional resources in the short term to support the NHIA.
These additional funds should immediately go to reimburse all those health facilities owed outstanding claims despite timely submissions on their part.
Madam Chair, access to quality healthcare with guaranteed financial protection is achievable for almost all Ghanaians.
However, there is the need for pragmatic steps, including vigorous sensitization and education on the dangers of abusing the system.
That way, we could reduce wasteful use of funds, or plug the loopholes in waste of resources through corrupt and fraudulent practices that drain the scheme of funds, to encourage appropriate use of health services by the population and to raise additional funds.
In conclusion, Madam Chair, let us do nothing to undermine public confidence in the scheme through constant negative claims of its total collapse when the facts may not be supportive of these assertions.
To the contrary, I will encourage all and sundry to robustly debate the proposals for reforms while making alternate proposals and in our varying small ways helping to sustain the scheme.
That would be more constructive and far more helpful to the likes of Kofi and my good self when I am on retirement, who are hopefully, not patiently waiting for their bilateral hernias to become obstructed before seeking prompt medical care.
Once again, many thanks for the opportunity Prev
Honourable Chairman, Mr.
Justice V.C.R.A.C.
Crabbe Honourable Attorney-General & Minister for Justice Colleague Honourable Judges and Magistrates Honourable Ministers of State and Members of Parliament The President and Members of the Ghana Bar Association Distinguished Excellencies of the Diplomatic Corps Members of the Security Services Our Revered Traditional Leaders Members of the Media Distinguished Ladies and Gentlemen, My task this afternoon is a very simple one.
I am here to launch the 3 rd edition of the Manual on Election Dispute Adjudication in Ghana.
This is to fulfil a promise I made at the 9 th Annual Chief Justice’s Forum, which was held at the Labadi Beach Hotel, a couple of weeks ago, under the theme “The Judiciary and Election 2016”.
Today’s event is yet another clear demonstration of the Judiciary’s collective resolve, to prepare adequately to meet its constitutional obligations under the upcoming 2016 Presidential and Parliamentary Elections.
That the Judiciary remains the true custodian and guardian of the rule of law is indisputable.
And so, we in the Judiciary recognise this duty, namely, that as the final arbiters, we have a responsibility to guide this nation towards peaceful, orderly and credible elections, as a constitutional imperative, a responsibility that is not to be toyed with, but one to be guarded jealously and responsibly.
It is a constitutional responsibility to which, as faithful arbiters, we have pledged our unstinting loyalty, heart, soul and mind, to a further consolidation of our nascent democracy and survival of our nation.
In the broader context, our determination reflects the Judiciary’s continuing commitment and promise to Ghanaians, as per the solemn oaths we subscribe to on our appointments to be steadfastly, a part of the solution process for the protection of the democratic principles and values.
More importantly, it shows our commitment to safeguard the right to vote within the right political space, namely, in free and fair elections, and with all the advantages to accrue, including sustained socio-economic and political progress of our nation, Ghana.
It therefore gives me great pleasure to meet with you as part of the effort to share with you the benefits of the Third Edition of the Manual on Election Adjudication in Ghana which I am about to launch.
The recent Chief Justice’s forum, particularly the group sessions ably supervised by my colleague Justices of the Supreme Court, witnessed frank, lively and very useful deliberations by the participants.
The deliberations yielded critical but rather simple steps and sets of actions towards significant improvements in the work of the judiciary, relative particularly, to the speedy adjudication of electoral disputes.
These have no doubt enriched our jurisprudence on election law.
I should, once again, say “thank you” to the security services, civil society, political party leaders, lawyers and the host of others who attended and contributed to the discussions.
Judicial rectitude is a key virtue in justice administration.
And so, the refreshingly wholesome manner in which judges designated to hear the several electoral disputes before the courts urgently and undergirded by substantive and procedural fairness, tackled those cases, deserves special mention.
Three of the cases pending before the High Courts, were disposed of within two weeks or less of the date of filing.
Justices Eric Kyei Baffour and Barbara Tettey-Charway demonstrated commendable stewardship.
Justices George Koomson, Norvisi Aryene, and Georgina Mensah-Datsa whose cases were suspended midway by order of the Supreme Court, also deserve our thanks for the manner in which they were conducting these cases, in order to avert a possible constitutional crisis.
The Supreme Court panel presided over by my sister the Honourable Mrs.
Justice Sophia Adinyira, on Monday, the 7 th of October, with a profound understanding of the exigencies of the times, eventually brought finality to the raging issues around disqualified presidential hopefuls.
I pray that the judicial leadership, demonstrated by the apex court, would become a permanent hallmark, that is, the corporate identity of the judiciary of Ghana.
In other words, this brand of leadership should be emulated by all courts, in all cases, not only election related disputes.
The court’s decision paved the way for the Electoral Commission to put back on track its electoral calendar, to ensure citizens participation in the Presidential and Parliamentary elections of 7 th December, 2016.
Although it is too late to include the body of laws emanating from these decisions in this publication as an addendum, I am hopeful that these would find their rightful place in the next publication.
As I noted on 24 th October 2016, disputes remain an inevitable feature of elections regardless of best efforts at perfecting the electoral process.
The potential of legal disputes arising before, during, or after the Election Day proper are real.
When they do occur, where they cannot with the best of intentions be resolved amicably, we equally expect resort to our courts.
Aggrieved parties must never resort to violence or employ other unlawful and unconstitutional approaches that threaten our peace and jeopardise our democratic journey, which has become the cynosure of all eyes and admired world- wide especially, on the African continent, and rightfully earning us international acclaim.
The genesis of the Manuals commenced in 2008 when I pledged that the Judiciary will come out with a Manual which will contain all the relevant constitutional, statutory and case laws governing elections.
In line with that promise, the 2008 Manual, which proved very useful, was published and widely disseminated.
This Third Edition is also a user-friendly, easy-to read and concise information resource on substantive and procedural requirements for the resolution of election disputes.
Accordingly, it seeks to bring to the attention of all stakeholders, recent developments in and amendments to the election laws through legislative reform (such as the Public Elections Regulations, 2016 (CI 94), reproduced in Appendix 1 at pages 254-306 of the Manual and recent and relevant case law as determined by the Superior Courts in the country before and after the publication of the Second Edition of the Manual in 2012.
It differs from the previous two editions by the inclusion of key provisions of new election laws such as C.I 91 and C.I 94, recent amendments to existing election laws as well as digests of recent case law on election disputes including the historic Presidential Election Petition of 2012.
Indeed, there has been in recent times, extensive developments in case law on Presidential and Parliamentary Elections disputes, particularly, on the question of the right to register as a voter and the right of a person to be nominated as a parliamentary candidate of a political party in preparation for the upcoming 2016 Presidential and Parliamentary Elections such as Republic v High Court, General Jurisdiction, Accra: Ex parte Zanetor Rawlings (Ashittey & National Democratic Congress Interested Parties) (No.
2), Supreme Court, 18 th July 2016; to be reported in [2015-2016] SCGLR 92; digested in Appendix 2 of the Manual at pages 370-374.
It should be observed that the Third Edition has been extensively written in parts and revised in the light of the applicable statutory and case law such as the new Public Elections (Registration of Voters) Regulations, 2016 (CI 91); the Public Elections Regulations, 2016 (CI 94), and Abu Ramadan (No 3) v Electoral Commission & Attorney-General, Supreme Court , 5 th July 2016 as captured in Appendix 1 and Appendix 2 at pages 220-253 and 254-306; and 353-362 respectively.
Like the Second Edition of the Manual, this Third Edition is evidence of the Judiciary’s continued determination to contribute to the consolidation of Constitutional Rule in Ghana by arming itself with the necessary tools for dealing competently, efficiently and in a timely manner with all matters relating to the decision on the President and the representatives of the people.
From the 21 st of November 2016, to 25 th November 2016, the Election Task Force Committee of the Judicial Service will embark upon an extensive training of all the Judges and Magistrates in the trial Courts in Ghana on the Manual.
Thereafter, a seminar will be organized for the appellate courts before 7 th December, 2016 on the Manual.
All these are designed to ensure that the courts and the Judges are well prepared to expeditiously deal with all election related disputes both civil and criminal.
The manual is the product of painstaking work by two outstanding constitutional experts of this great land, Dr.
S.Y.
Bimpong-Buta and Prof.
Kofi Kumado of the School of Law, University of Ghana, Legon.
They were engaged by the Judicial Service for the revision and publication of the third Edition.
I would like to thank them for the assignment ably done and also for their continuing and dedicated support spanning the period 2008 to date.
The real people who laboured in the trenches day and night to make the dreams and aspirations come into fruition at this point in time is the Election Task Force of The Judicial Service, comprising three Justices of the Supreme Court, namely, Justices Victor Jones Dotse, N. S Gbadegbe and Paul Baffoe–Bonnie; and the Director of the Judicial Training Institute, Justice Dennis Adjei, a Justice of the Court of Appeal.
The Task Force was ably supported by the Second Deputy Judicial Secretary (DJS 2) Mr.
Richard Apietu and Mr .
Ampong–Fosu, Director of the Reforms and Projects Department of the Judicial Service.
I applaud this team for the sacrifices and hard work that have enabled us to keep to our commitment to play a critical role in ensuring successful elections that promote Ghana as a beacon of hope for emergent constitutional democracies the world over.
The Department for International Development (DFID) of the United Kingdom, one of our strategic development partners, once again generously provided the financial resources for the publication of the Third Edition of the Manual on Election Adjudication in Ghana as well as the training of the Judges who would handle electoral disputes.
We are also deeply grateful to DFID for this timely assistance.
The Manual is not meant for the exclusive use of Judges and Lawyers.
I encourage all actors and stakeholders of the electoral process including the media to acquaint themselves with the contents.
This way, they will first get to know and appreciate the law on elections.
The constitutional right to fair trial includes the following provision enshrined under article 19 clause 11 of the 1992 Constitution: “No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law.”
It is to keep all stakeholders and the general public fully aware of what constitutes a criminal offence under our electoral laws that these details have been included in this manual.
Well–informed opinion leaders will be in a position to properly transmit the knowledge acquired to assist citizens to appreciate their proper roles in society- their constitutional duties and responsibilities as voters, and also the electoral dispute resolution processes and procedures available at law.
It is my prayer that knowledge of these laws would lead to even more timely dispensation of justice in all election related cases and petitions, and perhaps, even more importantly, help to avoid or reduce the tension and violence that have become associated with African elections.
It is my pleasure to officially pronounce duly launched, the 3 rd edition of the Manual on Election Dispute Adjudication in Ghana.
May God bless our homeland Ghana and make it great and strong.
Thank you, and God Bless You.
Your Excellency the President of the Republic of Ghana, Your Excellency the Vice President, The Right Honorable Speaker, Your Excellencies Former Presidents of the Republic of Ghana, Your Lordships Justices of the Superior Courts and Retired Justices of the Supreme Court, Nananom.
I am extremely humbled and honored to have been offered the opportunity to serve as the Chief Justice of the Republic of Ghana.
I thank the Lord for this honor and privilege and am also very grateful to you Mr.
President, the Council of State and the Parliament, for the roles you played in the appointment process.
I also wish to seize this opportunity to appreciate Former President Rawlings, who nominated me for appointment to the Supreme Court at a time when I had not even conceived or envisaged for myself a life on the Bench; he must have seen in me something I was yet to see.
I am also grateful to Former President Kufuour for nominating me for election to the then newly formed African Court on Human and Peoples’ Rights, which has enriched my experience and which experience will be brought to bear in my new position.
Finally, I thank Former President Mahama for all the support he ensured the African Court would receive from the African Union Leadership, towards the advancement of its work; we were the envy of many Organs of the Union.
Indeed the African Court became the envy of the Union.
As indicated during my vetting by the Appointments Committee on Friday 16 th June, 2017, I am passionate about integrity, the delivery of quality justice and the development and stability of our nation and will strive to demonstrate these passions throughout my tenure in the high office of the Chief Justice of the Republic of Ghana.
The Judiciary is indeed the bulwark of our democracy and the defender of the rule of Law.
A nation breaks down and descends into anarchy, if its judicial system breaks down and I will pursue measures to protect the integrity of the institution, shore up and elevate its image.
In doing this, I will be counting on the support and cooperation of the other arms of government which are headed by Your Excellency, Mr.
President, and the Right Honorable Speaker.
The Judiciary has diligently worked for and obtained a large measure of independence.
This is however made incomplete by the lack of financial independence and that is an objective I would like to achieve during my tenure as Chief Justice.
The vetting process brought into perspective several matters about the Judiciary which the good people of Ghana have concerns.
These include; the integrity of the Judiciary and the perception of corruption, political influence and other influences on the Judiciary, the conditions of service of Judges and Magistrates, the infrastructure of the Judicial Service i.e.
the courtrooms and residences.
delays in justice delivery, loss of confidence in the Justice system and the related issue of mob action Conduct of members of the Bar and legal education in Ghana.
These are major issues I will address and find solutions to as I assume office.
Support for the Judiciary The Judiciary requires the full support of all citizens and institutions in Ghana.
Its success means the success of Ghana and our democratic endeavour.
I cannot but restate, as I did at the vetting session, that it is when the justice system breaks down that a nation breaks down.
Appreciation In conclusion, I wish like to thank Your Excellency, Parliament and the Council of State once again for my appointment.
I commend the immediate past Chief Justice for her invaluable contribution to the Judiciary and the modernization of justice delivery system of Ghana.
I am thankful to my colleagues on the Supreme Court, all Judges and Magistrates, Judicial Officers and Staff of the Judicial Service and to the Ghana Bar Association for their support.
I will be counting on your continued support and cooperation in the months ahead to discharge my mandate.
Appreciation of Family I am grateful also to my family members, fellow church members and friends and eternally grateful above all to the good Lord for his bountiful mercies and His faithfulness.
I know that, indeed, the Lord can do all things and that no purpose of his can be thwarted.
Thank you and God bless our Homeland Ghana and make our Nation great and strong.
MR CHAIRMAN, THE HONOURABLE MINISTER OF FINANCE, DISTINGUISHED INVITED GUESTS, ESTEEMED PANELLISTS, CONFERENCE AND WORKSHOP PARTICIPANTS, THE MEDIA, LADIES AND GENTLEMEN.
It is a truism that, Tax administrations, customs authorities, FIUs and other law enforcement agencies charged with combating tax and other financial crimes do not work in isolation.
The cases they handle may very well end up in courts and this brings to sharp focus, the role of the judiciary.
The judiciary is the final dispute resolution body served with arbitrating on disputes between persons.
In the context of IFFs and specifically money laundering, tax evasion and tax avoidance, the issues raised are complex, not only for the judiciary, but also for the tax administrations, customs authorities, FIUs and other law enforcement agencies.
Bearing in mind that ours is not a proactive institution, what then would be the role of the judiciary in dealing with tax and other financial crimes?
JURISDICTIONAL ISSUES THE LEGAL FRAMEWORK Of fundamental importance, is settling on the matter of the courts with jurisdiction to deal with tax and other financial crimes.
Financial and tax crimes are usually dealt with by one of the Divisions of the High Court.
The Financial Crimes Division is one of the divisions of the High Court so set up under Article 139(3) of the Constitution.
As the name suggests, the court deals with financial crimes under the Criminal Offences Act, 1960; e.g.
; offences involving dishonesty (i.e.
stealing, fraud, forgery, willfully causing financial loss to the state etc.)
The Court also has jurisdiction to deal with other economic crimes such as money laundering, cybercrime, terrorism and related matters (such as terrorist financing and tracing and orders relating to surveillance,).
Tax crimes (as well as the civil aspects of tax administration), and matters relating to the Financial Administration Act,2003 (Act 654) as amended are also within the mandate of the Financial Crimes Courts.
The Financial Administration cases are matters which emanate from the Public Accounts Committee of Parliament.
The set-up of specialized Courts, the Financial and Economic Crimes being one such, facilitates expeditious trials for several reasons; The judges receive specialized training relevant to the areas of the law within which they operate as well as in case management, thus allowing for a better appreciation of the issues in such cases.
The courts’ cause lists are not crowded with other cases, allowing for focus on the particular areas.
The laws setting up the various agencies such as the FIC and EOCO also have provisions for pre-trial applications which facilitate investigations.