THE REPUBLIC vs. HIGH COURT KUMASI, EX PARTE: MINISTRY OF ROADS & TRANSPORTATION AND ATTORNEY GENERAL AND CHINA JILIN INTERNATIONAL ECONOMIC & TECHNICAL CORPORATION (CJIETC) PER S. A. DANQUAH, DIRECTOR

RULING 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...