Textbooks Case, Out Of Court Settlement

By William Yaw Owusu

Tuesday, 27 June 2006
THE Accra Fast Track High Court hearing the suit by the Ghana Book Publishers Association (GBPA) against the Ministry of Education, Science and Sports and two others, has adjourned the case to July 19 to allow for an out-of-court settlement.

The suit was brought against the Ministry, the Public Procurement Board (PPB) and the GETFund Board in connection with the award of a 28-million dollar contract to Macmillan Education Limited for the supply of textbooks.

GBPA is seeking the court’s order to restrain the defendants from proceeding to award the contract until the final determination of the suit.

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 a single sourcing procurement to purchase the books which violated the provision of the Public Procurement Act.

At the hearing of the case yesterday, counsel for GPBA Jacob Acquah-Sampson, told the court, presided over by Mr Justice E.K. Ayebi, that the parties had already intimated to the court their intention to settle the matter amicably.

Unfortunately, he said, the sector Minister is out of the jurisdiction and they would like to take a short date so that they can explore the possibilities of out-of-court settlement.

Nene Amegatcher, counsel for PPB, said although his clients have not been hinted about any possible settlement, “we are not against such a move.”

Mrs Dorothy Ansah, counsel for MoES, confirmed the absence of the Minister and said that as soon as he returned from the World Cup tournament in Germany the issue would be resolved.

Mr Justice Ayebi then adjourned the case for the parties to come to court to announce the outcome of the settlement.