THE REPUBLIC V. THE HIGH COURT, KUMASI EXPARTE ATTORNEY-GENERAL, MIN. OF ROADS AND TRANSPORTATION

TORKORNOO (MRS.) JSC:-

Introduction

Pursuant to article 88 of the 1992 Constitution, the Attorney General (AG) is the constitutionally mandated representative of the State responsible for the institution and conduct of all civil cases on behalf of the State, and defence of all civil proceedings against the State. 

Article 88 (5) reads 

The attorney-general shall be responsible for the institution and conduct of all civil cases on behalf of the State; and all civil proceedings against the State shall be instituted against the Attorney-General as defendant.

From the exhibits attached to the application under consideration, the plaintiff company is called China Jilin International Economic and Technical Corporation (CJIETC) of 60 Orange Road, Sale, Cheshire, M33 6RY England. It entered into a construction contract with the Government of Ghana on 3rd February 1997 to construct roads. The contract was later terminated. 

In a separate act on 29th March 1996, a company called CJIETC GROUP of the s…