West Blue judgement debt: Here are the reliefs Gabby’s law firm is seeking from government

The West Blue Ghana Limited has sued the Government of Ghana over a supposed GH¢289 million arrears for work done under the National Single Window and Integrated Risk Management System contract executed in August 2015.

The choice of law firm contracted by West Blue, Africa Legal Associates, which was co-foundered by New Patriotic Party (NPP) stalwart and cousin of Nana Addo Dankwa Akufo-Addo, Gabby Asare Otchere-Darko, has raised many eyebrows.

Some Ghanaians, including a vice chairman of IMANI Africa, Bright Simons, have said that suit swells of an attempt to “create, loot and share” the country’s resources.

He alleged that the suit was filed after an initial attempt to settle the judgment debt on the case failed.

Well, this failed settlement whether right or wrong appears to have set Ghana up to lose more than the GH¢289 million.

Copies of the court document shared by Bright Simon showed two alternative sets of reliefs, West Blue was seeking from the government.

The first set of reliefs had about four recoveries which sum up to over GH¢300 million plus interest and other payments.

The second set of reliefs included a recovery sum of US$425,000, interest payment, damages and cost of the arbitration.

View the list of reliefs below:

STATEMENT OF CLAIM

The Plaintiff claims against the Defendants for:

(a) Recovery of the sum of One Hundred and Forty-Nine Million, Three Hundred and Fifty-Seven Thousand, Six Hundred and Ninety-Two Ghana Cedis, Seventy-One Pesewas (GHS149,357,692.71), being the outstanding fees payable to the Plaintiff for services rendered to the Ministry of Finance and the 2nd Defendant under the contract dated 4 August 2015 for the provision of the National Single Window and Integrated Risk Management System ("NSW Contract") from September 2015 to September 2017, at an applicable rate of 0.35% of the final invoice CIF value of import consignments entering into Ghana through the seaports, airports and land borders.

(b) Interest on the arrears constituting the total amount stated in relief (a) supra at the prevailing commercial bank rate from the dates of default until the date of final payment.

(c) Recovery of the sum of Seventy-Six Million, Ninety-Seven Thousand, Nine Hundred and Seventeen Ghana Cedis, Fifty-Eight Pesewas (GHS76,097,917.58), being the outstanding fees payable to the Plaintiff for services rendered to the Ministry of Finance and the 2nd Defendant under the NSW Contract from October 2017 to 31st December 2018, at an applicable rate of 0.28% of the final invoice CIF value of import consignments entering into Ghana through the seaports, airports and land borders.

(d) Interest on the arrears constituting the total amount stated in relief (c) supra at the prevailing commercial bank rate from the dates of default until the date of final payment.

(e) Recovery of the sum of Sixty-Four Million, Ninety-Two Thousand, Two Hundred and Fifteen Ghana Cedis, Seven Pesewas (GHS64,092,215.07), being the outstanding fees payable to the Plaintiff for services rendered to the Ministry of Finance and the 2nd Defendant from 18 January 2019 to May 2020 at an applicable rate of 0.28% of the final invoice CIF value of import consignments entering into Ghana through the seaports, airports and land borders.

(f) Interest on the arrears constituting the total amount stated in relief (e) supra at the prevailing commercial bank rate from the dates of default until the date of final payment.

(g) (i) Recovery of the equipment procured by the Plaintiff to perform its obligations under the NSW Contract and the additional services it rendered from 1st January 2019 to May 2020 at the request of the Ministry of Finance and 2nd Defendant, which have been retained by the Defendants, and
(ii) Compensation for loss of use of the equipment referred to in relief (g)(i) supra from May 2020 until the date of final recovery thereof,

or in the alternative

(iii) Recovery of an amount of Four Hundred and Twenty-Five Thousand United
States Dollars (US$425,000.00) being the value of the equipment procured by the
Plaintiff to perform its obligations under the NSW Contract and the additional
services it rendered from 1st January 2019 to May 2020, which have been retained
by the Defendants, and

(iv) Interest on the amount stated in relief (g)(iii) supra at the prevailing
commercial bank rate from May 2020 until the date of final payment.

(h) General damages.

(i) Costs including solicitor's fees.

(j) Any further order or orders as this Honourable Court may deem fit.





BAI/OGB

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