GBPA and MOES case to be settled out of court?

By William Yaw Owusu.

Wednesday, June 14, 2006

The matter between the Ghana Book Publishers Association (GBPA) and the ministry of Education and Sports (MOES) over the award of contract for the supply of school textbooks is likely to be settled out court.

This follows an indication by Mr. Jacob Acquah-Sampson, counsel for GBPA, before an Accra Fast Track High Court yesterday that “there are moves to resolve the matter amicably”.

The GBPA is suing MOES together with the Public Procurement Board (PPB) and the GET Fund Board for allegedly awarding a 28 million dollar to Macmillan Educational Limited for the supply of textbooks.

They want the court to restrain the defendants from proceeding to award the contract until the final determination of the suit.

Initially, the GETFund Board had wanted its name to be struck out of the suit but the court presided over by Mr Justice E.K Ayebi ruled that the third defendant was a necessary party to the process.

The GBPA in its statement of claim , is seeking to restrain the defendants from proceeding with the award of the contract to Macmillan Educational Limited for the supply of textbooks until the final determination of the case.

It is also seeking a declaration that the decision by the first defendant, MOES, to engage in single source procurement for the acquisition of books for schools from Macmillan “is factually and legally unwarranted and violates the provision of the Public Procurement Act 2003, Act 663.”

The association further wants a declaration that the second defendant, Public Procurement Board, erred in law when it granted approval to the MOES to proceed with the single sourcing procurement to purchase the books.

The association is also seeking an order to compel the Ministry to comply with the proper procurement procedure for the intended purchase of the books.

When the case was called neither counsel for MOES nor GETFund and their representatives were in court but the PPB was represented by Naa Afarley Dadzie and she indicated to the court that she received the GBPA’s statement of case very late and needed time to be able to reply.

The court then adjourned the case to June 26, to enable the PPB to reply to the GBPA’s statement of case.