General News of Monday, 19 November 2012
The Unending Judgment Debt Saga
Kwame Sefa Kaye Causes ¢950 Million Judgment Debt
…As court orders the seizure of two Toyota vehicles
How are the mighty falling? Tell it not in Garth. Tell it not in the city of Ashkelon!
Thus goes the poem and in away it reflects the fall of the mighty; the diabolical plans hatched by the opposition New Patriotic Party and it media collaborators of contrived claims that the ruling National Democratic Congress (NDC) officials are in tacit agreement with some companies and individuals to have their breads buttered through the payment of judgment debt.
In an official document sighted by The Al-Hajj is another gargantuan judgment debt totaling a whopping sum of nine hundred and fifty million Cedis (¢ 950, 000, 000.00) staring in the face of the Ghanaian tax payers; following what could be described as a dramatic or deliberate miscarriage of contractual engagements by the Akwapem North District Assembly (ANDA) and Kwame Sefa Kaye’s 1986 year group of Okuapeman Senior High School (OKUASS)
A commercial court division of the Koforidua High court has awarded the colossal sum to the Plaintiff (M/S Megabon) plus interest at a contractual rate of 28.1% from July 2012 for breach of contract on the part of the old student of OKUASS and the Akwapem North District Assembly.
The court action was necessitated by the failure of the former District Chief Executive of the ANDA, Hon E Adu Aboagye and the former Eastern Regional Minister, Hon Asiedu Afram in 2007 to respond to the numerous petitions by the contractor.
As part of the ruling, the court has ordered the impounding of two vehicles belonging to ANDA-Toyota pick-up and a Toyota mini bus. Meanwhile, work on the proposed project has been halted due to the legal tussle between the various parties.
In a report by the Finance and Administration sub-committee of ANDA, dated August 10, 2012 on the project, it has been revealed that in June 2006, ace Journalist and host of Kokrokoo on Peace Fm, Kwame Sefa Kaye led the 1986 years group of OKUASS to source for funds from the HIPC accounts for the construction of a 50 bed girls’ dormitory for the school.
The funds were however routed through the ANDA. ANDA in conjunction with the OKUASS old students awarded the contract to M/S Megabon Ltd at a contract sum of ¢1, 268,450.00 or One Hundred and Twenty-Six Thounsand Eight Hundred and Forty-Five Ghana Cedis.
The assembly then paid a mobilization amount of ¢380, 536. 400.00 to the contractor on voucher No. 4/19 of 4/9/2006 with cheque number 330668 to commence business in 2006.
According to the documents, Tri-Matix Consult, the consultants working on the project issued an interim payment certificate No.2 for payment of ¢ 262, 540, 400.00 less 10% retention or ¢26, 254.000.00.
The actual amount to be paid was ¢ 236, 286, 400.00 yet the total amount of ¢262 540, 400.00 were paid on voucher No. 5/12 of 22/12/2006. No deduction in respect of the mobilization fee or that of the 10% retention was made.
Interesting as it may seem a subsequent payment was made on interim certificate No.3 on voucher number 12/2 dated 28/2/ 2007 for an amount of ¢101, 424, 500 on cheque No. 330615 to the contractor.
The document, however, confirmed that an interim certificate No.4 amounting to ¢ 134, 874, 000.00 issued in July 2007 by the consultants to the contractor were not honoured by ANDA.
Dramatically as it maybe, while the contractor was waiting for the assembly to advance more funds to enable him continue with the project, Mr. Sefa Kaye and the 1986 year group of OKUASS, it is alleged, re-awarded the contract to a new and different contractor without consulting the assembly.
After failing to respond to his numerous petitions addressed to the then former District Chief Executive of the ANDA, Hon E Adu Aboagye and the former Eastern Regional Minister, Hon Asiedu Afram the original contractors, M/S Megabon Ltd, through its solicitors in 2007 filed a suit against the ANDA and the new contractor at the commercial court division of the Koforidua High court
In an interview with the current DCE for the ANDA, Hon Opare Addo, he noted that the assembly is considering taking the old students of OKUASS, specifically the Kwame Sefa Kaye’s 1986 year group to court for awarding the contract to another contractor when the contract between the ANDA and M/S Megabon has not been abrogated, and thereby burdening the Assembly with the colossal judgment debt of ¢950, 000, 000.00.
He also added that all former executives whose negligence might have resulted in the assembly incurring such a huge liability will be brought to book.
Attempts by The Al-Hajj to get Mr. Sefa Kaye’s reaction as at press time yesterday proved futile as all his phones were switched off.