By Michael Foli Jackidy, GNA
Ho (V/R), Nov 25, GNA – Mr Moses Ayine Asampoa, the President of the Volta and Oti Bar Association and Principal State Attorney, has called for new institutional reforms to enhance the effectiveness of Alternative Dispute Resolution (ADR) in Ghana’s justice delivery system.
Mr Asampoa, at the launch of the ADR Week Celebration at Ho, proposed the establishment of an arbitral or mediatory body within the Office of the Attorney-General, headed by the Solicitor-General, to handle disputes involving state institutions.
He stated that many cases involving state agencies, such as the Electricity Company of Ghana (ECG) and other public institutions, should not reach the courts, since all these entities formed part of the same state machinery.
Mr Asampoa described the practice where some state institutions engaged private lawyers to initiate civil actions, as unconstitutional.
Quoting Article 88(5) of the 1992 Constitution, he said all civil cases for and against the State were to be instituted or defended solely by the Attorney-General.
He added that although a Supreme Court ruling permitted certain independent constitutional bodies to engage the services of a private counsel, the decision remained problematic because such institutions were still state-owned.
On criminal justice, Mr Asampoa said plea bargaining, introduced under the Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079) remained underutilised despite its potential to reduce delays, decongest prisons, and promote fairness.
He cited challenges including long remand periods, shortage of prosecutors, and cases in which accused persons had confessed but continued to undergo lengthy trials.
Mr Asampoa urged prosecutors and judges to apply plea bargaining more actively, saying it offered a “win-win” outcome where the accused received a reduced sentence, saving the State time and resources.
He called on Parliament to review exemptions in the law that limited the effectiveness of the plea-bargaining regime and emphasised the importance of technology and innovation in advancing ADR, while ensuring a more efficient, inclusive, and responsive justice system.
Mr Stephen Adom, the Ho Municipal Chief Executive, commended the Judicial Service for selecting the municipality to host the regional launch and appealed for support to furnish the Ho High Court and provide suitable accommodation for judges in the are.
GNA
Edited by Maxwell Awumah/ Christabel Addo