Mr. Godfred Yeboah Dame, the Attorney-General and Minister of Justice, has disclosed that Ghana was at risk of losing more than nine billion dollars due to unjustified claims in the last four years.
He noted that while those claims could have severely impacted the nation’s economy, they were recently completely dismissed by the international arbitration tribunal.
“A single arbitral claim, if successful can bring the economy of a developing country like Ghana, to its knees,” he added.
Mr. Dame made the disclosure during the opening of the Conference of Lawyers in the Public Sector on Tuesday in Accra.
The conference, under the theme “Coordinating Legally for an Efficient and Cohesive Public Service,” brought together legal professionals from Ghana’s public service.
Its focus was on fostering better collaboration among legal professionals who represent the Government of Ghana and its affiliated agencies.
The event also aimed to enhance the skills of lawyers working within the country’s Ministries, Departments, Agencies, and State-Owned Enterprises.
Mr. Dame provided a breakdown of the claims, revealing that the financial claim by ENI/Vitol against Ghana initially amounted to US$7 billion, but was later reduced to US$915 million after Ghana successfully challenged it during the proceedings.
He also mentioned that Cassius Mining Ltd’s claim against the government was valued at around US$300 million.
Additionally, the arbitral claim by GCNet involved over GHC4 billion (approximately US$250 million), while the recently filed Eland arbitration claim sought a minimum of US$320 million.
The Attorney-General’s office successfully defended these cases, ultimately saving the state billions of dollars.
Mr. Dame further revealed that, domestically, the Office of the Attorney-General had successfully defended claims exceeding GHC10 trillion against the state.
He explained that the conference was born out of discussions with stakeholders following the hearing of an arbitration case filed against Ghana by GCNet Company Limited in London this past April.
The direct involvement of the Attorney-General’s office in defending Ghana in that case highlighted several challenges and inefficiencies that hindered not only the legal service but the Public Service as a whole.
Mr. Dame pointed out issues such as poor record-keeping, a lack of effective coordination among state institutions with roles in the Public Service, and difficulties in accessing the necessary documents and information for conducting an efficient defence on behalf of the government.
He identified the failure to take timely and appropriate action when breaches occurred by individuals or entities transacting with the state, leading to defaulting parties exploiting the government’s lapses.
Mr. Dame noted that although the Office of the Legal Counsel was not yet established within the Office of the Attorney-General and Ministry of Justice, the conference would serve as a foundation for the ongoing training of lawyers in the public service, regardless of whether they are with the A-G’s Office or other state institutions.
He stressed the importance of regular coordination and the sharing of insights among legal personnel across all state agencies to improve the overall effectiveness of legal services within the public sector.
“State attorneys cannot operate like they exist on an island removed from the peculiar needs and demands of the institutions for whom they work.”
