The Civil Division of the Attorney-General’s (AG) Office has expressed frustration over persistent lapses by some Ministries, Departments, and Agencies (MDAs), accusing them of signing contracts without proper documentation and failing to cooperate adequately in state litigation.
Speaking at a stakeholders’ sensitisation programme in Accra last week, Principal State Attorney Nancynetta Twumasi Asiamah, warned that the trend poses significant legal and financial risks to the state, often resulting in avoidable judgment debts.
According to her, many agencies continue to draft and execute contracts without recourse to the Attorney-General, contrary to Article 88(5) of the Constitution, which mandates the AG to be the principal legal advisor to the state.
“With all due respect to the lawyers at the various agencies, you are not the lawyer for the state, the Attorney-General is. No matter how knowledgeable you are, once you are done drafting contracts for your agency, it has to be forwarded to the AG.
“It will then be reviewed by the Civil Division to ensure the right thing is done to avoid any future ramifications,” she stressed.
Mrs. Asiamah described the Civil Division as the biggest unit of the Attorney-General’s Office, with about 90 staff handling petitions, constitutional interpretation cases, injunctions and international legal matters, including representation at ECOWAS, Arusha and global treaty meetings.
However, she said the division’s work is severely hampered by inadequate working tools, late submission of documents and ineffective support from MDAs.
“Most MDAs assume that once a case is brought to the attention of the AG, they can go to sleep. That should not be the case.
“Sometimes they bring documents late or tell us, ‘this is all we have,’ even when more information is needed. We are already losing before we start,” she said.
She added that some institutions are unable to produce witnesses on court days or provide proof of payments for contracts: “They like verbal instructions. Some even sign contracts without documents, leaving us with nothing to defend the state when claims are made.”
These lapses, she said, are among the leading causes of judgment debts against the state.
“As a country, we must stop these little things that affect the Civil Division. We must ensure that persons signing contracts and agreements are the right persons and that all agreements are properly vetted.
“Invite the AG or send the documents to our office to ensure we are on the best footing for any legal challenges,” Mrs Asiamah pleaded.
The sensitisation event also featured presentations from other divisions of the Attorney-General’s Office.
Nana Ama Adinkrah, Senior State Attorney, explained that under Article 88, the Prosecutions Department reviews dockets from investigative bodies, files charges where necessary, and conducts criminal prosecutions.
The department, led by the Director of Public Prosecutions, currently operates in 10 regions, with regional heads supporting areas without dedicated offices.
She noted the department’s collaboration with the police, who prosecute some cases, but must forward serious offences, such as murder, to the AG’s Office. The prosecution unit also handles appeals and works with international bodies on extraditions.
Angela Dei of the Legislative Drafting Division said her unit drafts all government bills and subsidiary legislation submitted by state institutions, excluding private member bills.
A representative of the Solicitor-General, Grace Oppong Doffie, urged MDAs to take legal compliance seriously to protect the state from unnecessary legal and financial exposure.
The stakeholder sensitisation programme brought together representatives from the Civil Service and key sectors including the Interior, Agriculture, Tourism, Local Government and Finance ministries.
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