Create innovative means to receive sufficient contributions into funds– AG charges Law Reforms, Legal Aid C’ssion Boards

The Attorney General, Godfred Yeboah Dame has charged Boards of the Law Reform Commission as well as the Legal Aid Commission to come out with innovative means to ensure that sufficient contributions are received into the newly created funds for the two institutions.

He emphasized that even though the Acts that created the two Commissions provide for the setting up of funds, the reality has been far from it, leading to the infrastructural and logistical challenges that we see.

The AG, therefore, tasked both boards to come out with innovative means of ensuring that sufficient contributions, donations and grants are made to the fund for a smooth discharge of the Commissions.

Speaking at the launch of the Law Reform Commission Fund and the Legal Aid Fund at the High Court Complex Auditorium in Accra today, Mr Dame described the Law Reforms Commission as the unsung hero of Law Reform in Ghana and was hopeful that the Legal Aid Commission will become a platform for justice and equity if fully harnessed.

Also present at the launch was the president of the Republic, Nana Akufo-Addo, ministers, Deputy ministers, Justices of the Superior Courts of Ghana etc.

AG also reiterated his pledge to ensure that land is acquired for the construction of permanent offices of the Legal Aid Commission after the completion of the Law House project.

Additionally, he said that upon his visit to the Legal Aid Commission in February 2022, he found out that the Commission had only 6 vehicles so upon his appeal to the Finance Ministry, he received 91 vehicles for the offices under the AG out of which the Legal Aid received 13 vehicles to shore up its fleets.

For the Law Reform Commission, Mr Dame indicated that if effectively assisted, the Law Reform Commission portends the ability to transform the socio-economic fortunes of the country.

He added that he recently enjoyed the fruits of the Commission’s work when a bill for the reform of the Law on Occupier’s Liability drafted by the Commission came to his office which he directed for stakeholder engagement and subsequent legislative enactment.

Moreover, he was also full of praise for the Law Reform Commission for its role in the Amendment to the Criminal and other Offences Procedure Act,1960 (Act 30) to introduce plea bargaining into the trial of criminal cases in Ghana.

Additionally, he said that he had tasked the Commission to present a proposal for the review of the current Criminal Offences and other offences Procedure Act, 1960(Act 30) to aid in the real expeditious determination of summary trial of criminal cases.

He thus described the continuous stay of a criminal trial in the courts for up to 4 years as unhealthy and defeatist of the Constitutional provision for a fair hearing within a reasonable time per Article 19(1).

The AG also mentioned that during his last working visit to the Law Reform Commission in February 2022, he found out that it had only 1 vehicle; a pick-up truck which it acquired in 1996 so out of the total vehicles received, he delivered 2 to the Commission bringing its number to 3 vehicles now.

Establishment  of the  Legal   Aid  Fund

31· There  is established   by  this Act  the Legal  Aid  Fund.

 Object  of the  Fund

32.  The  Object  of the  Fund  is to  ensure  financial  capacity  of the Commission  to efficiently  and effectively carry  out  its mandate  under this Act.

 Sources  of  money  for  the  Fund

33.  The sources of money  for the Fund  are

(a) moneys  approved by Parliament;

(b) interest accruing  from the investment  of the fund;

(c) moneys   paid  or  recovered   by  the  Commission    in  the performance  of the functions  of the Commission;  and

(d) donations  and gifts.

Bank  account   of  the  Fund

34.  Moneys for the Fund shall be paid into a bank account opened for

that purpose by the Commission  with the approval  of the Controller and

Accountant-General.

The Law Reform Fund

Establishment of the Law Reform Fund

10. There is established under this Act the Law Reform Fund.

Objects of the Fund

11.The objects of the Fund are

(a) to undertake projects for the development and reform of laws,

(2') to develop human resource in law reform, and

(c) for any other purpose that may be determined by the Board.

Sources of money for the Fund

12. The sources of money for the Fund are

(a) moneys approved by Parliament,

(1') moneys accruing to the Commission in the performance of its functions,

(c) donations, grants and gifts, and

(d) any other moneys that are approved by the Minister responsible for Finance.

Management of the Fund

13. (1) The Board shall in consultation with the Minister and the Controller and Accountant-General provide for the day to day manage­ment of the Fund.

(2) Despite subsection (1), the Board is responsible for the man­agement of the Fund.

(3) In furtherance of subsection (1), the Board shall

(a)    open a bank account for the Fund,

(b)   identify additional sources of funding,

(c)    recommend to the Minister additional sources and level of payments into the Fund,

 (d)   prepare and publish procedures for the disbursement of the Fund,

 (e)    determine the expenditure programmes from the Fund taking into consideration the

 provisions of this Act and government policy, in consultation with the Minister and Minister for Finance invest part of the Fund in appropriate ventures, and

(g) perform other functions incidental to the administration of the Fund.