The Eastern Regional State Attorney, Mrs. Emily Addo-Kyereh, has called for application of Court -Connected Alternative Dispute Resolution (ADR) mechanisms in recovering stolen public funds in corruption -related cases.
Speaking at the launch of the 2024–2025 Court-Connected ADR Week in Koforidua, Mrs. Addo-Kyereh, explained that this approach in resolving corruption and other financial infractions will save the country from wasting resources to arrive in same results.
“As codified in the Courts Act, 2003 (Act 456), we are reminded a encouraged to explore amicable settlement of non-felonious and ne aggravated offences. Of paramount concern are offences pertaining, corruption, embezzlement and misappropriation of our limited state funds.”
She noted that Ghana’s limited state resources should not be further drained by prolonged litigation when Court-Connected ADR provides more efficient and cost-effective alternatives.
“In my humble opinion, the State coffers would benefit greatly if all parties join hands in this endeavour and ensure that resources are returned or refunded rather than wasting years in Court to arrive at the same verdict. I repeat, the limited resources of the state should not be extended to such cases which can adequately be resolved through any of the Court connected ADR processes.”
She noted that the recently passed Plea-Bargaining Act, 2022 (Act-1079) as an amendment of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) has made giant strides in actualization of its overarching objective of ensuring effective administration of Criminal Justice.
According to her, since 2023, the Office of the Attorney General in Koforidua has received numerous applications for plea bargaining; an indication that awareness about non-trial resolutions is growing.
“Since the year, 2023, the Office of the Attorney General, Koforidua has received several applications for plea bargaining from Defence Counsels and the Accused Person’s themselves. This exhibits the growing sensitization among the public of the existence of this novel law. The Law Office extends its due consideration to all such approaches within the confines of the relevant law and the 2024 Guidelines published by the Office of the Attorney-General”.
She added, “No Applicant is required to pay a single pesewa to an Attorney, Law Enforcement Agent or Court official to access the doorstep of justice under our plea bargain laws. This has principally increased the confidence of the public in the system as a vibrant, time saving and efficient means of adjudicating cases.”
Touching on other importance of ADR, in judicial system, Mrs. Addo-Kyereh highlighted the increasing backlog of court cases, some dating as far back as 2010, and called on officers of the court to embrace ADR in the spirit of timely and effective justice delivery.
“Court-Connected ADR when implemented to its fullest can be the life line of adjudication in Ghana. Already ADR has several feats attributable to its name, yet we should not rest on our laurels. As individuals we practice the various forms of Alternative Dispute Resolution in dealing with the complex personal relationships with our colleagues and loved ones, why then should anyone therefore frown at the chance of extending this to our law Courts,” Mrs. Emily Addo-Kyereh stated.
She emphasized that ADR is not exclusive to civil cases, debunking the widespread misconception that it cannot be applied in matters involving state funds.
“There is a public perception that ADR is reserved for civil cases. This misappreciation has led to an unwillingness by victims and complainants to accept or even open their minds to effective and conclusive settlement through ADR. We owe it to the altar of justice to dissuade Court users and sensitize them on this brimming avenue”.
The rationale for the ADR Week is to enable the ADR Directorate of the Judicial Service to engage the general public, inform citizens about the presence of ADR within the court system, highlight its importance in seeking justice, and explain how to take advantage of the process for meaningful access to justice, especially for the vulnerable.
The week-long celebration will feature public education, mass mediation sessions, and awareness campaigns across the country.
Source: Starrfm.com.gh
