The Ministry of Justice on Friday asked the courts to impose the correct penalties in the Road Traffic Act saying judges have been imposing sentences, which are not warranted by law.
In a statement signed in Accra by Mr Kwame Osei-Prempeh, Deputy Attorney-General and Deputy Minister of Justice, the Ministry noted that the Road Traffic Act passed in 2004 put the value of the penalty unit at 20,000 cedis (GH¢ 2.00).
Subsequently, by LI 1831, the value of a penalty unit was increased to 120,000 cedis (GH¢ 12.00), increasing fines by six times.
"When the attention of the Attorney-General was drawn to this, a bill was sent to Parliament in July, 2008 which was subsequently passed. On September 29, 2008, the President gave his assent to the Act which was gazetted on October 3, 2008 and therefore came into force on that date."
This new Act reduced the penalty points but the courts which try motor cases have been giving sentences based on the amended provisions of the old Act.
"This is clearly illegal. The Attorney-General and Minister of Justice regrets this situation and has called for the immediate rectification of the situation."
The statement said the Ministry had set up a task force to liaise with the Judiciary to immediately refund all monies illegally taken from offenders of the Road Traffic Act from October 3, 2008 when the law came into force and to ensure that persons who are in prison custody because of their inability to pay the illegal fines imposed by the courts are released immediately.