Audio By Carbonatix
Dean of the Faculty of Law at the University of Professional Studies, Accra (UPSA), Prof. Ernest Kofi Abotsi, has stated that an Attorney General can be held liable for causing financial loss to the state if there is negligence in executing a professional mandate to the state.
The comment comes as part of conversations on how the state can avoid judgment debts, following a directive by a Commercial Court in London for government to pay a sum of $170million in damages to the claimants; Ghana Power Generation Company (GPGC).
Speaking on Newsfile, Saturday, Prof. Abotsi explained that if investigations prove that an Attorney General in his capacity as the legal advisor to the state, acted in an unprofessional manner, thus, leading to a judgment debt, he can be held liable for his actions.
"An Attorney General can advise, he can give the best of advice that can go wrong, that doesn't make him liable. He's only liable if he fails to exercise skill and diligence and therefore he acts in a manner that we find below his power as an Attorney General in this circumstance.
"For instance, if there is a key law he was to refer to in his assessment and advice, and he did not refer to that law, he did not even research it and basically just advised without any proper reflection of what he's supposed to do, then you can clearly establish a case of professional negligence."
Asked by host Samson Lardy Anyenini if an individual can be prosecuted for being the sector head who supervised the approval of a contract that resulted in a judgment debt, Prof. Abotsi said "you can prosecute the individual, because the assumption is that the individual is employed to exercise maximum diligence and skill, and is expected to play a gatekeeping role, as well as a facilitative and technical role, ultimately.
"Therefore, he is expected to do his work well. If they fail, they have their own liability," he said.
Latest Stories
-
Legal lifeline for Ghanaians in America as lawyers association, Embassy move to tackle diaspora challenges
24 minutes -
Photos: First Atlantic Bank PLC officially listed on Ghana Stock Exchange
44 minutes -
Energy minister assures stable power as Ghana hits peak demand in December
2 hours -
Miguel Ribeiro Fiifi Brandful
2 hours -
Adom TV’s ‘Nine Lessons and Carols’ electrifies National Theatre in a festive extravaganza
2 hours -
Mahama orders $78m payment to Justmoh to resume Agona–Nkwanta road works
2 hours -
Christmas rush deepens traffic woes in Accra Central
2 hours -
Three arrested after viral video shows toddler being fed alcohol
3 hours -
Survivors ‘nervous and sceptical’ about release of remaining Epstein files
3 hours -
‘No room for egos’: Sam Jonah issues bold challenge to UCC graduates and Ghana’s future leaders
4 hours -
Eggs-traordinary success: Multimedia Group’s Christmas Egg Market sells out in record time as patrons demand extension
5 hours -
Galamsey crackdown: IMANI boss challenges Mahama to purge NDC of mining interests
5 hours -
Fela set to become first African to receive Grammy Lifetime Achievement Award
6 hours -
636 new ‘Blue Water Guards’ deployed to frontlines of anti-galamsey war
6 hours -
Ghana to launch E-visa by Q1 2026
7 hours
