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General News of Monday, 11 August 2008

Source: GNA

Group sues government over GT sale

Accra, Aug. 11 GNA - Some members of the Convention People's Party (CPP) on Monday filed suit at the Commercial Court against government's intended sale of 70 percent of Ghana Telecom to Vodafone B.V. International. They argued that the decision was not in accordance with due process of law.

Those mentioned in the writ are the Attorney General and Minister of Justice, Ghana Telecom Company Limited and the Registrar-General's Department. The plaintiffs of the suit, who are members of the CPP are Professor Agyeman Badu Akosah, Mr Michael Kosi Dedey, Dr. Nii Moi Thompson, Naa Kordai Assimeh, Ms. Rhodaline Imoru Ayarna and Mr Kwame Jantuah.

Parliament has been recalled to debate and approve the agreement on Tuesday. Mr Bright Akwetey, Counsel for the plaintiffs, in their statement of claim said the Sale and Purchase Agreement entered into between the government of Ghana, GT and Vodafone International B.V. for the purported sale of 70 per cent of GT for 900 million dollars was against the public interest and constituted an abuse of discretionary power of government.

The plaintiffs said they were opposed to the unlawful establishment of the said Enlarge GT Group as it undermined the sovereignty of the country and endangered the national security of Ghana. The group said other autonomous companies established by law, which hitherto were not part of GT had been forcibly transferred and added to GT.

The plaintiffs further contended that the decision of government to transfer the assets, properties, shares, equipment and towers radio buildings to Vodafone International B.V. was obnoxious, unlawful and inimical to the public interest particularly when no consideration was required to be paid by Vodafone for the stated assets. The group argued that the three Ministers of States and the Managing Director of GT who signed the agreement on behalf of government did not exercise the requisite level of circumspection required of them as public officers in relation to public property thus amounting to a reckless disregard for public interest. The plaintiffs also contended that the contents of the agreement and its implementation were not in accordance with due process of law, adding that the assets of GT had been grossly undervalued and understated.

The plaintiffs thus are seeking many relieves from the court, including a declaration that the agreement being entered into by government was not in accordance with due process of law and was therefore a nullity.

They are also demanding that the court should to give an order declaring that the forcible grouping of autonomous state institutions established by law - Voltacom, Fibreco, VRA Fibre Network and VRA Fibre Assets - with GT to form the purported enlarge GT Group was unlawful and therefore void and of no legal effect. The plaintiffs further ordered a perpetual injunction to restrain the government from disposing of 70 per cent share of GT to Vodafone or any other foreign company without first exploring avenues for funding and better management in Ghana