Posted on: www.dailyguideghana.com
By
William Yaw Owusu
Friday, May 2, 2014
The Sole-Commissioner investigating the
payment of judgement debts on Wednesday advised a private company that says the
Ghana Civil Aviation Authority (GCAA) owed it to go to court to pursue the
claims.
The commission presided over by Justice
Yaw Apau of the Court of Appeal therefore declined to look into the petition
filed by Megrey Construction Ghana Limited against the GCAA following testimony
by the GCAA that the case was pending before a High Court in Accra.
The ‘Commission of Enquiry into the
payment of Judgement Debt and Akin’ under C.I. 79 to investigate the frivolous
and dubious payments of huge monies to undeserving individuals and companies,
was appointed by President John Dramani Mahama after public uproar over the
payments in what has now come to be termed as Judgement Debts (JD).
Notable among them were payments made to CP (€94
million) and the never-ending case of GH¢51.2million parted to the self-styled
National Democratic Congress (NDC) financier, Alfred Agbesi Woyome, both of
which many believed were dubious and frivolous.
Megrey Construction Ghana Limited wanted
the commission to get the GCAA to pay them about ¢28.5 billion which is an
accrued interest on ¢1.1 billion charge for a landscaping contract it executed
at the Kotoka International Airport in Accra on the orders of GCAA.
According to Megrey Construction, apart
from about ¢393 out of the contract sum of ¢1.7 billion paid to them by the authority
they never received the balance.
GCAA officials including Joyce A.
Thompson assited by Abdulai Alhassan appeared before the commission last week
to explain their position but because their external solicitor, Akoto Ampaw as
well as, Megrey Contrsuction’s lawyers, were not present, Justice Apau invited
them to clear the issues.
Akoto Ampaw appeared and told the
commission that Megrey Construction had sued the GCAA and the authority had
filed a defence as well as a counter claim and the case was at the directions
stage.
It was the case of Prince John Baidoo,
assisted by Francis Lokko all from Megery Construction that because a High Court
had garnisheed the account of GCAA (after one Paul Boateng whom Mergrey Construction
sublet the contract to supply black soil for the landscaping had sued Megrey
Construction), the authority needed to pay them the balance.
But Mr. Akoto Ampaw said the GCAA was
never joined in the initial suit but when Paul Boateng won the case against Megrey
Construction, they (Mergrey Construction) initiated the garnishee process.
“The matter is pending before a court. It
bothers on what they consider to be the balance of money due them from GCAA
after a sub-contractor had taken judgement against them.”
He said “once the garnishee application
was granted they mounted a civil action to get the balance. We filed a defence
and they filed for summary judgement but we opposed it successfully,” Mr. Akoto
Ampaw explained.
He said once the account of the GCAA was
garnisheed and the amount paid to Paul Boateng without the authority’s input, they
decided to join the sub-contractor to get a legal forum to solve the matter
once and for all.
“I was surprised that a matter that is
before the court could come to this commission. I think they are not in the
right forum. The proper forum is the High Court,” counsel said.
Justice Apau after perusing the
documents said “the matter that went on appeal was between Paul Boateng and
Megrey and it is clear that the case between Megrey and GCAA is pending.”
He said “I will advise you to go back to
the court and file a defence agaist the GCAA’s counter claims and application
for direction.”
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