ghananlpcommunity/ghana-gov-speeches-sentences huggingface dataset:
It may well be that the criticism the sitting President receives from certain quarters for the alleged appointment of many judges to Superior Courts is the price the Government is paying for improving access to justice and improving judicial infrastructure.
It has perhaps become necessary to examine critically the number of appointments made unto the highest court of Ghana, the Supreme Court since 2009.
The record shows seven (7) appointments to fill 7 vacancies on the Supreme Court between 2009 and 2016.
I take note that there have been 15 appointments to the Supreme Court between 2018 and 2023.
However, a careful scrutiny of these appointments shows that they actually filled only six (6) vacancies.
Positions held by Justices Marful Sau, Agnes Dordzie, Nene Amegatcher, Prof.
Kotey, Clemence Honyenuga and Mariama Owusu on the Supreme Court (all of them being appointees of President Akufo-Addo) became vacant in the course of the term of the same President on account of death and retirement.
With such vacancies, fresh appointments had to be made to fill them.
It is important that we remain resolute in our defence of the Judiciary at all times.
Ghana has gained a worldwide reputation for its justice system and legal services.
The justice system of which the Bar is an integral part, is the glue that holds the society together.
Decisions of our Superior Courts are cited in cases in other jurisdictions.
Our courts are recognised throughout the world for their excellence, openness to innovation and willingness to break away from conventions where necessary.
For those who cannot come to terms with significant defeats in the court of law, it ought to be understood that the courts administer justice according to law.
I have stated before that, as Attorney-General, I have not had every ruling on cases contested by me in the courts go in my favour.
When rulings adverse to my interests are given against me, I do not go on a rampage attacking the courts or releasing press statements criticising the decisions.
I sit back, reflect and dig deep into my legal arsenal and deploy processes known to the procedural laws of the country to reverse same.
On some occasions, I may not even succeed at all but I live with the consequences.
When I look back at certain cases whose outcomes I consider undesirable, regardless of my own views on the questions being judged in them, I come to the conclusion that, we have in this country a fiercely independent Judiciary in which all of us should take pride that, an aggrieved citizen can go to a court of law and challenge anyone, including decisions of the President and Parliament, and be confident that the Court will give a decision without fear or favour.
I refer to recent decisions of the Supreme Court in the Ghana Centre for Democratic D evelopment & 8 others vrs.
The Attorney-General, Ezuame Mannan vrs.
The Attorney-General and Prof Appiagyei Atuah vrs.
The Attorney-General.
Lawyers in Public Service There cannot be a bigger avenue for a lawyer to demonstrate high standards and integrity in society than service in the public sector.
Indeed, the historic Office of the Attorney-General whose functions are to advise the Government impartially, provide counsel to it, prosecute crime in the country and assist in the drafting of legislation, plays the role of a critical friend to Government.
On assumption of office, I signalled a dispensation whereby the Office of the Attorney-General zealously protects the interests of the State in litigation, just as private legal practitioners do for their clients, and become the standard bearer in the practice of law.
I am happy to note that through the sound legal advice we give to various Ministries, Departments and Agencies, we have averted huge judgment debts and spared the nation a lot of agony in other cases.
Where cases end up in litigation, the litigating capacity of the Office has been immensely boosted to the point where the State now enjoys tremendous success in most civil litigation including international arbitration and cases in foreign courts and tribunals.
Such is the strength of the capacity of the Office that, now memorials, pleadings and written submissions filed by the Office of the Attorney-General compare favourably with those filed by any lawyer on the international stage, and the State has been holding its own in most international arbitrations and cases in international courts, most of the time without the aid of foreign counsel.
Indeed, it is only when the peculiar circumstances of a matter necessitate that recourse is had to foreign counsel.
Both domestically and internationally, since the last Conference, notable successes that have led to the State saving amounts the equivalent of billions of dollars from judgment debts have been chalked by the Office of the Attorney-General and Ministry of Justice.
As part of the processes of reform of the Ministry of Justice, I recently authored a letter to the Minister for Finance requesting him to consider paying to my Office a small percentage of the amounts we realise in cases.
This will go a very long way to addressing the liquidity challenges of the Office.
It should be noted that this request does not even cover the huge judgment debts that we save, which no one takes notice of, but which run into billions of dollars.
The Prosecutions Division has also ably lived up to its constitutional duty of being the prosecutor of all crimes in the country, even though prosecution of so-called high-profile economic crime cases is thwarted by unjustified delays occasioned by the filing of unnecessary applications and frivolous interlocutory appeals.
Her Ladyship the Chief Justice, this is a very grave matter.
The efficiency of a nation’s justice system is tested by the manner in which cases seeking to hold high-profile members of society to account, are conducted.
It is unjust and unfair for so-called high profile criminal cases involving the summary offences of fraud, wilfully causing financial loss to the State and money laundering to drag on for years whilst similar cases filed against the perceived ordinary members of society are concluded within six months to one year.
There is clearly a need for legislative reform.
That is why the Criminal Procedure (Amendment) Bill I spoke about earlier on is very crucial, and I request the Bar to lend its maximum support.
On this score too, I am happy to say that the Legislative Drafting Division of my Ministry has been most helpful.
Since the last Conference, there has been the enactment of some important pieces of legislation to strengthen accountability and promote integrity in Ghana.
There has been a boost of the whistleblower regime by the enactment of an amendment of the Whistleblower Act, 2006 (Act 720) to introduce a reward system for whistleblowers.
The new amendment, passed by Parliament only about a month ago, ensures that thirty percent of all revenue accruing from cases conducted on the strength of a whistleblower’s activity is paid into the Fund, and 10% of the income directly generated by the whistleblower’s efforts is paid to the whistleblower.
Some time ago, I bemoaned the inimical tendency on the part of public officers to enter into contracts with high rates of interest especially compound interest.
In order to curb this tendency, my Ministry successfully sponsored the enactment of an amendment to the Contracts Act, 1960 (Act 25) to prohibit the payment of compound interest by the State in transactions entered into on her behalf by public officers.
Henceforth, it will be unlawful for any public officer to enter into a contract in which the rate of interest is stipulated to be compound interest.
The state’s hard-pressed purse will be further protected by this amendment to the Contracts Act.
The Ministry of Justice is working on a few other important bills as well.
I consider the passage of an Alternative Sentencing Act an urgent necessity as a further avenue to reduce congestion in our prisons.
A revised draft Community Sentencing Bill prepared by my Office is going through a process of validation by stakeholders, and will soon be laid before Parliament.
When account is taken of the sublime role played by state attorneys as counsel to the Republic, it is necessary that the human resource capacity of personnel of the Ministry of Justice be boosted, so as to ensure that they deliver first-class world- standard service to the nation.
In this regard, a partnership between Georgetown University, Washington DC, and the Government of Ghana represented by the Attorney-General executed by my good self in September, 2021 seeks to ensure that each year, five lawyers would benefit from post-graduate legal education sponsored by a scholarship jointly funded by Georgetown University and the Scholarship Secretariat of Ghana.
It is important to indicate that the first batch of five lawyers who profited from this arrangement have returned upon successful completion of their programmes.
Even though I must hasten to say that with the experience I encountered with the Scholarship Secretariat – delayed payments and incessant complaints by Georgetown over the persistent failure of the Scholarship Secretariat to pay their portion of the scholarship, I am reluctant to continue with the scheme.
In addition to this, state attorneys regularly proceed to pursue various academic courses, sponsored by some state institutions, relevant to their roles.
I cannot conclude this address without emphasising that there is a need for us to build a world-class legal service in Ghana, working as part of an open global community to resolve modern-day disputes, many of which have cross-border elements.
As a profession, we cannot stand still.
Nor would we want to do so.
We need to move with the times, just as the rest of society does.
But, this does not, and should not, mean change or innovation for its own sake.
Upheavals and disruptions not in tune with the needs of the times are undesirable.
The Bar is not without its problems but let us not forget that the law is an endlessly stimulating profession.
It is serious and fun at the same time.
May God help us to continue to build a Ghana founded on the rule of law, grounded in high standards of integrity and respect for fundamental human rights.
I am grateful.
GODFRED YEBOAH DAME ATTORNEY-GENERAL AND MINISTER FOR JUSTICE 11/09/202 3
It is always a delight to be at the annual conference of the Ghana Bar Association.
It is even more exciting to be here in Kumasi, the capital of the Ashanti Region.
I must acknowledge our big fortune in securing the attendance of this event by the Otekokorso, the Asantehene, Otumfour Osei Tutu II.
To my mind, this is only the second time Otumfuor has attended the Bar Conference.
Perhaps our fortune today is also because his dear wife, Lady Julia, is a lawyer.
The Otumfuor calls me “ me ba ” to wit “my son”.
Ohene kesie, your son is truly appreciative of your wise counsel at all times.
I am not surprised Mr.
Yaw Boafo brought this conference to Kumasi.
He is a true Ashanti man.
As his last conference as Bar President, which better place to hold the event than at his own back yard!
On a serious note, I must convey my felicitations to Yaw Acheampong Boafo, President of the Bar and the Executive Council.
Collaborating with you in the interest of the Bar has been a pleasure.
I wish you, Yaw and your executives, the very best in your future endevaours as you bow out.
Learned friends, since March, 2021, by the Grace of God, I have had a chance that few lawyers have ever had to serve as the Attorney-General and Minister for Justice of our great Republic (the 25 th since independence), to work with wonderful public servants, some of the best lawyers I have known, the best law enforcement agents, wonderful administrators and great support staff in the Office of the Attorney-General and Ministry of Justice.
The enormity of responsibility of the grand old office of Attorney-General is recorded in history.
Sir Patrick Hastings who had a long career as a successful barrister in England but a rather short stint as Attorney-General of England and Wales between January, 1924 and November, 1924, described the role of the Attorney-General as his “ idea of hell ”.
Much earlier, Francis Bacon, Attorney-General and Lord Chancellor of England and Wales – in the 17th century - described it as “ the painfullest task in the realm ”.
Quite recently, the immediate past Attorney-General of the United States of America, William Barr, who had two stints as Attorney-General (first under President George W. Bush Snr.
when he was only 39 years, and the second under President Trump) authored a book chronicling his days as Attorney-General and guess what the title was - “ One damn thing after another ”.
Three and a half years into the role, I consider it an honour and a privilege, though not without its own challenges, to be the Attorney-General and your leader thus far.
LEGAL SERVICE AS AN INSTRUMENT FOR CHANGE IN SOCIETY With the unlimited licence given to me as leader of the Bar to address Conference on any topic, I intend to focus a big part of this speech on using law, particularly, public legal service, as an instrument for effecting change in Ghanaian society, whilst making remarks on the important theme for this conference.
I will recall progress so far made by the Office of the Attorney-General in this regard.
The task of being an Attorney-General in the second term of a government is no easy one.
It involves coming in at a time that the Government has implemented a set of policies in its first term and made some tough and hard decisions which may not necessarily be popular with the people.
As the Attorney-General, it thus involves making yourself unpopular by telling your colleague Ministers that they cannot pursue certain legislation and policies, which, although in the national interest, may be incompatible with the law (I remember the painful opinion I gave to the Minister for Finance on the domestic debt restructuring at a difficult time of the nation and as well as the advice I gave to the Minister for Health at perhaps, a more difficult time in the history of the nation, during the COVID-19 crisis).
In our peculiar political environment, it also involves pitching yourself as a sworn enemy of your political adversaries through decisions you make that they may consider as impinging on their political fortunes, particularly in terms of prosecution and defence of civil actions against the government.
However, I have braved the challenges of the office and remained undaunted, because I love the law, and I love utilising the law as an instrument for developing Ghanaian society.
With courage and strength, I have taken the slings and arrows of a critical free media, even when they are unjustified or wrong.
I am strong in my conviction that there is no other institution that has affected, and, has the authority and the jurisdiction to affect so many components of justice in this country than the Office of the Attorney-General and Ministry of Justice.
Whatever I have done since 2021, I have done it in the best interests of Ghana and state attorneys and staff at the Law Office.
I could not be prouder of our record of achievement over the last three and half years, and I am happy to note that since my initial address of this conference at Bolgatanga in September, 2021, I have delivered and in some cases, exceeded the delivery of every single promise I have made to you.
BUILDING THE CAPACITY OF THE OFFICE TO PROTECT THE INTERESTS OF THE STATE THROUGH CIVIL LITIGATION Three years ago, when I stood before you at Bolgatanga, I undertook to build a formidable civil litigation team capable of zealously protecting the interests of the State in litigation, just as private legal practitioners do for their clients.
The Civil Division, with the leadership of my humble self and my able deputies, has lived up to this challenge and done so much to protect our taxpayers' pocket in litigation in a way that staggers the imagination.
Through an unwavering commitment to justice and the protection of the interests of the State, the Office of the Attorney-General has succeeded in saving the State many billions of United States dollars, being the equivalent of over Fifteen Trillion Ghana Cedis in numerous civil litigations in Ghana and in various international fora since I assumed office.
The era of unwarranted, dubious and scandalous judgment debts against the State, I can say, are clearly a thing of the past.
There has not been a time that the Office has been more exposed to international litigation than the era in which we live.
Industrialisation, the expansion of the economy and increase in investments have enhanced the risk of the nation in dealing with challenges filed on the international stage in respect of disputes arising from the State’s relations with corporations and multi-nationals.
The State has had to litigate in the domestic courts of Norway (from the Oslo District Court all the way to that country’s Supreme Court), it has had to defend numerous arbitration claims in the Permanent Court of Arbitration, the London Court of International Arbitration, ad hoc arbitration tribunals with seats of arbitration being Paris, Stockholm, New York, etc.
It is gratifying to note that in each of these international arbitration claims filed since 2021, the State has achieved favourable outcomes with little or no cost to the nation.
We have protected state properties, preserved the nation’s rights and fought off claims for billions of United States Dollars against the State even in a situation where a particular decision of a Minister is impugned by an international tribunal.
The most remarkable feature of this development is that a sizeable amount of this litigation is conducted by personnel of the Office of the Attorney-General led by the Attorney-General himself and his deputies.
Such is the strength of the capacity of the Office that, now memorials, pleadings and written submissions filed by the Office of the Attorney-General compare favourably with those filed by any lawyer on the international stage.
And we defend these claims in the face of the severe constraints of challenges which have always characterised working in the Office of the Attorney-General, when representing the State in these actions.
I am aware that some hired advocates for these unsuccessful claimants against the State and self-styled social commentators masquerading as civil society and experts in all subjects, except perhaps the creation of man, hastily take to social media to denigrate the efforts of the State in defending such gargantuan claims and in fact, distort the effect of awards and judgments in favour of the State.
I only say in reply, that there ought to be a modicum of patriotism.
Ironically, these same people are quick to trumpet adverse awards given against Ghana in the past, obviously basking in the joy of such situations.
Can they just pause for a moment to reflect on what would have happened to the Ghanaian economy if even a fraction of these claims for billions of United States Dollars and trillions of Ghana Cedis had succeeded?
PROSECUTION AS A TOOL FOR ENSURING JUSTICE IN THE NATION In the area of prosecution, the Prosecutions Division has ably lived up to its constitutional duty of being the prosecutor of all crimes in the country.
They have pursued justice with courage, based on the evidence and the law, in a way that makes me very proud, even though prosecution of so-called high-profile economic crime is often thwarted by unjustified delays occasioned by the filing of unnecessary applications and frivolous interlocutory appeals.
In a country where prosecution of the perceived high and mighty is often mischaracterised as persecution and sometimes unfairly scrutinised by the courts, they have braved all challenges.
When rulings and judgments adverse to their interests are given, in the best tradition of the profession, they have appealed them and many a time, they have been justified in that course.
The past four years have been interesting for the prosecutions division as it surmounted novel challenges including conducting trials that they were hitherto, unfamiliar with.
I led them to conduct a historic high treason trial, one never experienced in this country for many decades before.
We secured conviction of 6 out of the 9 surviving accused persons put on trial.
In response to some strange and deplorable attempts by certain elements to cause a fragmentation of the borders of the country, the prosecution team defended the territorial integrity of the Republic by instituting criminal proceedings against over a hundred people in all in the High Court at Wa, Ho and Accra for secession, another unusual prosecution.
Fortunately, most of the accused have so far been convicted.
Illegal mining (galamsey) continues to cause incalculable damage to our forest reserves and river bodies.
In the teeth of the difficulties prosecutors encounter in the courts in the prosecution of illegal mining offences, the Criminal Division has enjoyed some success even though there is still room for more to be done.
From August 2021 to date, at least 76 persons, including 18 foreigners have been convicted.
They include the acclaimed Chinese galamsey queen, Aisha Huang, who was convicted on 4 th December, 2023 of offences committed between 2014 and 2016 in the era of the previous government.
Most of the convicts were sentenced under the new law – Act 995 to a minimum of 15 years plus a heavy fine in the case of a Ghanaian and a minimum of 20 years plus a hefty fine for a non-Ghanaian.
Currently, over 140 cases of illegal mining involving over 850 accused persons are being prosecuted in courts in the Western, Eastern, Ashanti, Greater-Accra and Upper East Regions of Ghana.
Some are near conclusion.
The unsung heroes of the Office of the Attorney-General are the Legislative Drafting Division.
They are that army of well-disciplined, properly-trained, meticulous lawyers whose task is to set the legislative framework for all we do.
Without them, none of the three arms of government can function.
The Legislative Drafting Division has been responsible for carrying my vision of law reform in both civil and criminal aspects of the law.
They have paid great attention to the public policy of the law and have drafted in all about 60 Acts of Parliament and innumerable subsidiary legislation.
CHALLENGES AT THE OFFICE OF THE ATTORNEY-GENERAL AND EFFORTS MADE THE PAST FOUR YEARS TO ADDRESS THEM Whilst placing on record the yeoman’s efforts of the various divisions of the Office of the Attorney-General and Ministry of Justice which have kept the nation safe and sound, we cannot ignore the hitherto deplorable conditions in which state attorneys work.
My visits to the head offices of various agencies under the Ministry of Justice revealed hugely undesirable working environments and the lack of basic tools for service to the nation.
In order to address this, in February, 2022, on account of a directive made by His Excellency the President for the Minister for Finance to urgently assist the Ministry with some funds for its operations, I purchased ninety-one (91) vehicles for the Ministry, which represent the biggest fleet ever acquired for the Ministry, and which were distributed among the various regional offices and agencies.
Thus, the Legal Aid Commission, which previously had only 6 vehicles, received 13 more.
The Economic and Organised Crimes Office (EOCO) added 13 vehicles to their fleet.
The Council for Law Reporting, which had only 2 vehicles, received 4 more.
The Law Reform Commission which had only 1 vehicle acquired in 1996, received 2 .
The Copyright Office whose last vehicle was acquired in 2008, received 2 more.
To lay the building blocks for the transformation of two very important institutions whose mandate is crucial for enhancing access to justice delivery and the modernisation of the law in Ghana - the Legal Aid Commission and the Law Reform Commission, the President on 10 th August, 2022, launched the Legal Aid Commission Fund and the Law Reform Commission Fund.
The Government indeed demonstrated its commitment to transforming the two institutions by donating an initial amount of One Million Ghana Cedis to each of the Funds.