STATE PROCEEDINGS ACT - 1998 (ACT 555)
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Subject to the provisions of this Act, the liability of the State is the same as that of a private person of full age and capacity in respect of-
(a) claims arising out of any express or implied contract with the State;
(b) claims for liquidated or unliquidated damages in cases not arising in tort; and
(c) claims for the recovery of taxes or duties wrongly paid or over-paid.
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(1) The State is subject to all those liabilities in tort to which, if it were a private person of full age and capacity, it would be subject, in respect of-
(a) torts committed by its employee or agent while acting within the scope of his office or employment;
(b) a breach of duty which a person owes to his employee or agent at common law or under any other law by reason of being his employer; and
(c) a breach of the duty at common law or under any other law attached to the ownership, occupation, possession or control of property.
(2) No proceedings shall lie against the State by virtue of paragraph (a) of subsection (1) of this section in respect of an act or omission of an employee or agent of the State unless the act or omission would, apart from this section, have given rise to a cause of action in tort against that employee or his estate.
(3) Where the State is bound by a statutory duty which is binding also upon persons other than the State and its officers, the State shall, in respect of a failure to comply with that duty, be subject to all liabilities in tort to which it would be so subject if the State were a private person of full age and capacity.
(4) Where functions are conferred or imposed on an officer of State as such officer either by a rule of the common law or by statute and that officer commits tort while performing or purporting to perform those functions, the liabilities of the State in respect of the tort shall be what they would have been if the functions had been conferred or imposed solely by virtue of instructions lawfully given by the State.
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(1) No proceedings shall lie against the State under this Act in respect of-
(a) anything done or omitted to be done by any person while discharging or purporting to discharge responsibilities of a judicial nature vested in him; or
(b) any act, neglect or default of an officer of the State unless that officer-
(i) has been directly or indirectly appointed by the State and was, at the material time, paid in respect of his duties as an officer of the State wholly out of public funds or out of moneys provided by Parliament; or
(ii) was, at the material time, holding an office in respect of which the Public Services Commission certifies that the holder of that office would normally be so paid.
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Where the State is subject to liability by virtue of this Act, the law relating to indemnity and contribution shall be enforceable-
(a) against the State by an employee of the State who is acting in the proper execution of his duties in respect of the liability or by any other person in respect of the liability to which that person is subject; or
(b) by the State against any person other than an employee of the State, in respect of the liability to which it is subject, as if the State were a private person of full age and capacity.
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Where an employee or agent of the State infringes a patent, a registered trademark or a copyright and the infringement is committed under the authority of the State, then, subject to this Act, civil proceedings in respect of the infringement shall lie against the State.
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(1) Subject to subsection (2) of this section, nothing done or omitted to be done by a member of the Armed Forces while on duty shall subject the member or the State to liability in tort for causing death or personal injury where the death or injury is to another member of the Armed Forces if-
(a) at the time when the death or injury is suffered by that other person he is either on duty as a member of the Armed Forces or though not on duty, he is on any land, ship, aircraft, or vehicle for the time being used for the purpose of the Armed Forces; and
(b) the Minister responsible for Defence certifies that the death or injury is attributable to service for the entitlement of an award under any law relating to the grant of awards to members of the Armed Forces for disablement or death.
(2) Subsection (1) of this section shall not exempt a member of the Armed Forces from liability in tort in any action in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of the Armed Forces.
(3) No proceedings in tort shall lie against the State for death or personal injury due to anything suffered by a member of the Armed Forces where-
(a) the death or personal injury is suffered by the member in consequence of the nature or condition of any land, ship, aircraft or vehicle or in consequence of the nature or condition of any equipment or supplies used for the purposes of those forces; and
(b) the Minister responsible for Defence certifies as provided under paragraph (b) of subsection (1) of this section.
(4) No act or omission of any public servant shall subject the public servant to liability in tort for death or personal injury, to a member of the Armed Forces in circumstances where paragraphs (a) and (b) of subsection (3) of this section apply.
(5) Where the Minister responsible for Defence is satisfied that-
(a) a person was or was not on any particular occasion on duty as a member of the Armed Forces; or
(b) at any particular time any land, premises, ship, aircraft, vehicle, equipment or supply was or was not used for the purposes of the Armed Forces, he may issue a certificate to that effect and the certificate shall, for the purpose of this section, be prima facie evidence as to the fact it certifies.
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(1) Subject to the provisions of this Act, a person who intends to institute civil action against the State shall serve on the Attorney-General a written notice of his intention at least 30 days before the commencement of the action.
(2) The notice under subsection (1) shall be served by the claimant or by his lawyer or agent-
(a) on the Attorney-General or an officer of the Attorney-General's Department; or
(b) in a case where action is to be commenced in a region, on an officer of the Attorney-General's Department in the region concerned.
(3) The notice shall state the cause of action, the name and address of the intended claimant and the relief sought.
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The State may obtain relief by way of interpleader proceedings and may be made a party to those proceedings in the same manner in which a private person may obtain relief by way of those proceedings or may be made a party and the rules of court relating to interpleader proceedings shall, subject to the provisions of this Act, apply.
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In any civil proceedings by or against the State, the court shall, subject to this Act, have power to make such orders as it has power to make in proceedings between private persons and may give such relief as the case may require.
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(1) Where in any civil proceedings by or against the State or in connection with any arbitration to which the State is a party, an order including an order for costs is made by a court in favour of any person against-
(a) the State;
(b) a department of the State; or
(c) an employee of the State,
the court shall issue to the person a certificate containing particulars of the order on an application made by or on behalf of the person at any time after the expiration of twenty-one days from the date of the order or where the order provides for the payment of costs and the costs are required to be taxed, at any time after the costs have been taxed, whichever is later.
(2) A copy of a certificate issued under this section may be served by or on behalf of the person in whose favour the certificate is made-
(a) on the Accountant-General if the certificate contains an order for the payment of money; and
(b) on the Attorney-General in any case.
(3) If the order provides for the payment of any money, the certificate shall state the amount payable and the amount together with any interest on it shall be paid to the person entitled or to his lawyer.
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(1) Where any money is payable by the State to a person who is under a court order to pay money to another person, that latter person is entitled to obtain an order for the attachment of the money as a debt due or accrued under the rules of court to him.
(2) The court may, subject to this Act and in accordance with the rules of court, make an order restraining a person to whom the State is liable to pay money from receiving that money and directing payment of it to any other person.
(3) No court shall make an order under subsection (2) of this section in respect of-
(a) any wages or salary payable to an employee of the State; or
(b) pension or social security; or
(c) any money which by the provisions of any enactment, is prohibited or restricted from attachment for the execution of a debt.
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(1) Subject to subsections (2) and (4) of this section, enactments relating to the discovery and production of documents and answering interrogatories by an order of a court shall apply to civil proceedings by or against the State to the same extent and in the same manner as the enactments apply to civil proceedings between private persons.
(2) Subsection (1) of this section applies without limiting the right to withhold any document or refuse to answer any question on the ground that disclosing the document or answering the question would be injurious to the public interest.
(3) Any order of a court related to answering interrogatories shall direct which person is to answer the interrogatories.
(4) A certificate from the Supreme Court that it is satisfied that the disclosure of a document is injurious to the public interest shall be conclusive evidence for the purposes of this section.
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No proceedings in rem shall be brought in respect of any claim against the State, or the arrest, detention or sale of any ship, aircraft, cargo or other property belonging to the State or give to any person a lien on the aircraft, cargo or other property unless there has been served on the Attorney-General a written notice of intention to bring the action at least 30 days before the commencement of the action.
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(1) The notice before institution of civil action against the State does not apply to-
(a) an action to invoke the original jurisdiction of the Supreme Court under articles 2 (1) and 130 (1) of the Constitution; and
(b) an action where a person alleges that a provision of the Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him under article 33 (1) of the Constitution.
(2) Where in any action against the State there is failure to give the notice required to the Attorney-General, the court before which the action is instituted shall not dismiss the action but direct the plaintiff to give the Attorney-General the requisite notice and adjourn the case accordingly.
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(1) In any civil proceedings to which the State is a party, costs including those incidental to the proceedings shall be at the discretion of the court or arbitrator and the discretion shall be exercised in the same manner and on the same principles as in cases between private persons except that-
(a) in the case of proceedings to which the State is required to be made a party, the court or arbitrator shall have regard to the nature of the proceedings and the character and circumstances in which the State appears as a party and may in the exercise of its or his discretion order any other party to the proceedings to pay the costs of the State whatever may be the result of the proceedings; and
(b) nothing in this section shall affect-
(i) the power of the court or arbitrator to order the payment of costs out of any particular fund or property; or
(ii) any enactment providing for the payment.
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Except as otherwise expressly provided, nothing in this Act shall-
(a) apply to criminal proceedings; or
(b) subject the State to any greater liabilities in respect of the acts or omissions of an independent contractor employed by the State other than those to which a private person would be subject in respect of any acts or omissions.
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In this Act, unless the context otherwise requires-
"agent" when used in relation to the State includes an independent contractor employed by the Republic;
"Armed Forces" means the Army, the Navy and the Air Force;
"civil proceedings" includes proceedings for the recovery of fines or penalties;
"employee" in relation to the State, includes any public officer, a member of the Armed Forces, but not an employee of a public corporation set up for commercial purpose notwithstanding any provision to the contrary in this section;
"private person" means an individual person of 21 years or above and of sound mind;
"proceedings against the State" includes a claim by way of set-off or counterclaim raised in proceedings by the State;
"public officer" means a person who holds a public office the emoluments attached to which are paid directly from the Consolidated Funds or directly out of moneys provided by Parliament and an office in a public funds or moneys provided by Parliament;
"Minister" means the Attorney-General and Minister for Justice;
"State" means the Republic of Ghana.
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The following enactments are by this section repealed-
(a) The State Proceedings Act, 1961 (Act 51);
(b) The State Proceedings (Amendment) Decree, 1969 (N.L.C.D.352);
(c) The State Proceedings Decree, 1972 (N.R.C.D.59);
(d) Statutory Corporations Act, (Amendment) Decree, 1972 (N.R.C.D. 120)
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