Audio By Carbonatix
The Deputy Auditor-General and Minister of Justice, Diana Asonaba Dapaah has attributed the cause of judgment debts in the country to poor implementation processes and failure to abide by A-G’s advice.
In her view, the opinion of the principal legal advisor to the state before contracts are signed is either ignored or sidestepped by government agencies.
“The A-G’s office is sometimes not involved in the negotiations and discussions leading to the execution of some agreements. In some instances, I am afraid to say, the opinion of the office is not sought prior to the execution of agreements, irrespective of the reservations raised by the office,” Ms. Dapaah added.
Speaking at a roundtable on Friday, Ms. Dapaah observed that issues that took the state to a court or arbitral tribunal were the abrogation of contractual agreements or breaches.
This, she stressed is because some government agencies and ministries involve her outfit in contractual agreements, hence, defending the state becomes difficult.
“Defending the public purse in a situation where there is little or no information or support coming from the institution or ministry involved also poses a great challenge, and we at the office of the A-G do not exist as a state machinery with a magical wand to wipe away contractual breaches or judgement debt after they have occurred.
“We may have our very rare shortcomings in meeting some procedural obligations in international arbitration proceedings which, more often than not, boil down to the fact that we are handicapped,” Ms. Dapaah said.
The deputy A-G, therefore, said there was the need to deal with judgement debts devoid of politics in order to protect the public purse for accelerated development.
The Coordinator of the Third World Network-Africa, Dr. Yao Graham, and a senior partner at AB and David law firm, Mr David Ofosu-Dorte, said there was the need to build the expertise of government officials in the entire agreement preparation process.
Dr. Graham said government contracts should have clauses that limited damages in cases of default or breach of contract or litigation.
Mr. Ofosu-Dorte, on the other hand, advocated the inclusion of private sector consultants in the preparation of agreements.
On his part, the Executive Director of CDD-Ghana, Professor Henry Kwasi Prempeh, urged the government not to sign deals in crises period, since that could yield minimal benefits.
He further advised Parliament to actively get involved in processes leading to the signing of contracts and international agreements, adding: “Parliament comes in a little too late.”
Prof. Prempeh further proposed the drafting of Ghana’s own agreement model to guide officials in the signing of contracts.
Latest Stories
-
Former FIFA Chief Member Associations Officer Kenny Jean-Marie joins ACG Advisory Board
1 minute -
Kenyasi JHS gets $600,000 facelift after years of unsafe conditions
14 minutes -
MUSIGA members to benefit from MASLOC loans
15 minutes -
Police rescue 30-year-old man allegedly abducted at Assin Fosu
17 minutes -
Ending double-track: Bono East Minister impressed with Yefri SHS project, unhappy with Busunya contractor
21 minutes -
New Supreme Court Justices pledge to uphold Constitution, administer justice without fear or favour
25 minutes -
Asante Gold Chirano commended for sustained scholarships to students in operational communities
46 minutes -
NPP National Chairman Race: John Boadu in narrow lead, but race is open and competitive – APL report
52 minutes -
Prof Gyan backs case for staying in Ghana; says he left a $75K a year US job for $2k in the 90s
56 minutes -
John Boadu, JFK, Hawa Koomson, and others emerge as early frontrunners in NPP National Executives race – APL Report
1 hour -
Ghana to launch tomato self-sufficiency initiative in Anloga
1 hour -
Black Stars: Inaki Williams announces international retirement at 32
1 hour -
WAFU B WCLQ: Ampem Darkoa Ladies seek replay of final after game went into penalties instead of extra time
2 hours -
Health Minister charges district directors to take ownership of Free Primary Healthcare initiative
2 hours -
Sikaa Presby Basic School gets new classroom block after years of leaking roofs
2 hours