Ghana’s Attorney General (AG), Godfred Dame, has emphasized the need for reforms within the country’s legal system to enhance its efficiency and relevance.
Speaking at the annual conference of the Ghana Bar Association in Kumasi, he highlighted key areas requiring reforms, including the Alternative Dispute Resolution Act and 2010 (Act 798) and the State (Property and Contracts) Act, 1960 (CA 4).
He explained that the establishment of the ADR Centre presents a viable opportunity for resolving multi-billion-dollar commercial disputes, especially those involving the nation’s natural resources, in Ghana.
“A little over a month ago, the Ghana Arbitration Centre, a requirement of the Alternative Dispute Resolution Act, 2010 (Act 798), which had been outstanding since 2010, was set up. The establishment of the ADR Centre presents a viable opportunity for multi-billion dollar commercial disputes and cases involving the use of the nation’s natural resources to be resolved in Ghana. It will also enable members of the Ghana Bar Association, to sharpen their skills in the resolution of such disputes. Taking account of Ghana’s strong democratic credentials, the ADR Centre should propel Ghana into an arbitration hub in Africa, particularly West Africa.
The Attorney General also proposed amendments to the State (Property and Contracts) Act, 1960 (CA 4), suggesting that all contracts involving the State and its agencies must specify Ghanaian law as the governing law.
“State (Property and Contracts) Act, 1960 (CA 4), to mandate all contracts involving the State and its agencies as parties, to not only stipulate Ghana law as the governing law but also to have Ghana as the seat of arbitration and with the ADR Centre in Accra being the venue for the arbitration. With this amendment, the practice whereby the State and Ghanaian lawyers travel to various jurisdictions – Paris, New York, London, Singapore, etc. for the conduct of arbitration involving the Government of Ghana and where arbitral awards are enforced all over the world at enormous cost to the State will cease and will be consigned to history.”
This reform, according to Dame, would eliminate the costly practice of the State and Ghanaian lawyers traveling to foreign jurisdictions, such as Paris, New York, London, and Singapore, for arbitration involving the Government of Ghana.
This would also prevent enforcement of arbitral awards abroad at great cost to the State.
He also addressed the need for reforms to the Contracts (Amendment) Act, 2023 (Act 1114).
“Contracts (Amendment) Act, 2023 (Act 1114), by which public officers are prohibited from entering into a contract on behalf of the State in which the rate of interest is stipulated as compound interest. By Act 1114, it is expected that contracts with high rates of interest especially compound interest which result in huge judgment debt and financial loss to the State, like what occurred in the NDK Financial Services Limited v. The Attorney-General & 2 Others case a few years ago, will be avoided.”
This amendment prohibits public officers from entering into contracts on behalf of the State in which compound interest is stipulated.
According to Dame, this reform is expected to prevent contracts with high interest rates, particularly compound interest, which have previously led to significant financial losses for the State.
He cited the case of NDK Financial Services Limited v. The Attorney-General & 2 Others, where high interest rates led to substantial judgment debt.
Dame further spoke on the Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079), which formally introduced plea bargaining into the country’s criminal justice system.
However, he emphasized that the most impactful reform would come from enacting laws that enhance the speed of adjudicating criminal cases and address the challenges associated with the jury system.
The Attorney General also called for attention to the Criminal and Other Offences (Procedure) (Amendment) Bill, which was sponsored by the Office of the Attorney-General and Ministry of Justice and approved by Cabinet.
“Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079) which formally introduced plea bargaining into the criminal jurisprudence of the country. Without a doubt, the most far-reaching reform of criminal law practice in this country will be achieved when the law that will enhance the speed of adjudication of criminal cases and address the problems associated with the jury system is enacted.”
The Bill, which was laid before Parliament on March 14, 2024, seeks to modernize Ghana’s criminal justice system.
Dame remarked that Ghana’s criminal legal practice remains entrenched in outdated common law traditions, many of which have already been reformed in the countries where they originated.
The Attorney General stressed the importance of legal reforms to ensure that Ghana’s justice system remains efficient, relevant, and in step with modern legal practices worldwide.