Publishers back in court

By William Yaw Owusu

Firday,July21,2006
The Ghana Book Publishers Association (GBPA) suit against the Ministry of Education, Science and Sports (MOES) and two others over the award of a 28-million dollar contract to Macmillan Education Limited has been brought back to court.

This followed the failure of the parties to get the matter settled out-of- court as they indicated to the court at an earlier sitting.

The other two defendants are Public Procurement Board (PPB) and the GETFund Board.

Mr. Jacob Acquah Sampson, counsel for GBPA, who proposed the out-of-court settlement yesterday told the Fast Track High Court: “We have been unable to make progress in respect of the out-of-court settlement so we want the court to proceed with the matter”.

Mrs. Dorothy Afriyie Ansah, counsel for MOES, then cut in to say “We are not aware of any settlement. It was the applicants who said this but when we wrote to the ministry to enquire, there was no response to that effect”.

Nene Amegatcher, counsel for PPB said “We have no objection to whatever the MOES says.The textbooks which are the subject-matter are supposed to be procured in the 2005/2006 academic year but if care is not taken, it is going to affect the new 2006/2007 academic year which starts in September”

The court presided over by Justice E.K. Ayebi, therefore adjourned the matter to October 18, for judgement.

The GBPA has sued the MOES together with the Public Procurement Board (PPB) and the GETFund 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 wanted its name to be struck out of the suit but the court that it (the Boad), as 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 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 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.