The directive, dated 29 0ctober, and issued by Secretary to the President, Callistus Mahama, requires ministries, departments, agencies (MDAs), state-owned enterprises and other public institutions to submit all memoranda of understanding (MoUs) and agreements to the Attorney-General and Minister for Justice for review.
According to the directive, the measure is intended to safeguard the national interest, ensure consistency with government policy and protect public resources.
It is also aimed at preventing the state from assuming obligations without the necessary legal scrutiny.
In a document with reference number OPS182/26/1635, the Secretary to the President stressed that no government appointee should commit the government to a signing date before all required approvals have been secured.
Legal review not enough
The directive makes clear that obtaining a legal opinion from the Attorney-General does not automatically give an institution the authority to proceed with signing an agreement.
“The Attorney-General’s legal opinion does not, by itself, constitute executive approval to sign,” it stated.
It further indicated that agreements described as “preliminary” or “non-binding” would not be exempt from the review process.
This means all proposed arrangements involving public institutions must go through the prescribed approval procedures, regardless of how they are characterised.
Existing agreements under review
The President has also instructed all affected institutions to immediately review memoranda of understanding and other agreements currently under negotiation.
Institutions have been directed to postpone any scheduled signing ceremonies where the necessary approvals have not been completed.
After an agreement has been signed, a certified copy must be forwarded to the Attorney-General and the Office of the President.
Where Cabinet approval has been obtained, a copy must also be submitted to the Cabinet Secretariat.
Non-compliance to attract sanctions
The directive warns that institutions and officials who fail to comply with the new requirements will face administrative consequences.
“Failure to comply will attract appropriate administrative action,” the document cautioned.
It added that any decision to depart from the prescribed requirements must receive prior written authorisation from the President.
The directive was copied to the Vice President, Chief of Staff, Attorney-General, Cabinet Secretary, heads of the Civil Service and Local Government Service, as well as the Director-General of the State Interests and Governance Authority (SIGA).
The directive reinforces the government’s requirement for legal and executive oversight of agreements entered into by public institutions.
