Chief Justice Establishes Financial Courts To Enforce Decisions Of PAC & Recommendations of AG’s Report

The Chief Justice, Mrs Justice Georgina Wood in pursuant to the Financial Administration Act 2003, Act 654, has established two Financial Administration Courts in Accra and in Kumasi, Sekondi and Tamale as a Division of the High Court in accordance with article 139(3) of the 1992 Constitution and Section 14(3) of the Courts Act 1993, Act 459 to commence sitting with effect from March 3, 2014.

The Kumasi Court will address the needs of the Ashanti/Brong Ahafo Regions while Sekondi and Tamale will serve the Western/Central Regions as well as the three regions of the North.

According to the preamble to the law, the Act seeks to regulate the Financial Management of the Public Sector, make Public Officers entrusted with financial management in the government accountable and ensure effective and efficient management of the assets and liabilities of government.

The Financial Administration Court as per Section 67 of Act 654 has jurisdiction to hear and determine matters that fall for determination under this Act; to enforce recommendations of the Public Accounts Committee on the Auditor-General’s reports as approved by Parliament, to enforce contracts and bonds entered into in pursuance of this Act; to make such orders as it considers appropriate for the recovery of money, assets or other property due the Republic.

It is also to prohibit any individual, whether a public officer or not, from managing public accounts or funds if the individual is unqualified professionally or has been persistently negligent in the management of public funds; to prohibit any person from participating as a bidder in any government procurement or contract where the person has a record of defrauding the state.

The orders of the Court shall be enforced in the same manner as orders of the High Court.

The appeal from the decision of the Financial Administration Court lies to the Court of Appeal and finally to the Supreme Court.