A policy Think Tank, the Centre for Social Justice has recommended to the Special Prosecutor to independently investigate all the cases of judgment debts in the fourth republic with the intent of establishing criminal liability of political office holders and public office holders and proceeding accordingly to prosecute offenders in courts of competent jurisdiction.
In a Report titled: “A 20-Year Review of Judgement Debt Payments in Ghana: Impacts, Causes and Remedies” released on July 1, the CSJ said there was the need to ensure that only trained or expert lawyers are allowed to prosecute cases.
“The practice of sending lawyers who are either not aware of the case or ill prepared should cease. In the instance of lack of experienced lawyers the office could outsource some of the work to those who have the competence to address the matter, the Report said.
It recommended a medium to long-term plan to recruit and train more lawyers to support the Attorney General’s Office should be considered.
The Report said, “The Attorney General’s Office should embark on wholesale reform which should look at the overall vision and mission while addressing matters such as strategy structure systems and processes across board.”
The AG’s Office, the Report noted, should have a strategic project with clearly defined outcomes regarding the reduction of judgment debt and a dedicated department whose singular aim will be to arrest errant contracts and where necessary be empowered to negotiate or renegotiate on behalf of the Government.
The findings in the Report stated, “The recent judgment debts awarded against the State provide enough grounds for the State to give careful consideration to reforms around the conduct of government business.”
“At a time where the country is saddled with a high level of public debt, public health crisis, persistent fiscal deficits, a high youth unemployment rate, and over 30 percent of its population living in poverty, we cannot afford to allow these huge financial losses to continue,” the Report stated.
On land acquisition which comprise about 25 percent of the total payments made over the past two decades, the CSJ in its Report is of the view that “the Government must also be mindful of the fact that as much as the constitution permits or allows the State to acquire lands in the public interest and for public purposes, the same constitution enjoins the State to pay prompt, fair, and adequate compensation to landowners whose lands are compulsorily acquired, to contractors who services are employed or organizations from which the State procures.”
“Therefore, it is incumbent on every Government to ensure that funds are readily available before any compulsory acquisition is embarked on for any public project or any goods and services are employed.”
This, the Report pointed out, will prevent the State from being dragged to court years later to pay unwarranted judgment debts that would defeat the purpose of the acquisition, as has happened countless times.
