Posted on: www.dailyguideghana.com
By William Yaw Owusu
Friday, May 15, 2015
Former Energy
Minister, Dr. Joe Oteng-Adjei, has justified the use of a luxurious vehicle he
allegedly kept even after his exit from government for several months.
He is therefore
daring OccupyGhana who are suing him for keeping a Lexus Vehicle with
registration GC 5958-11 after being reshuffled from office as Minister.
The pressure group
together with one of its leaders Sydney Casely-Hayford, want the court to order
Dr. Oteng-Adjei to pay to the state a whopping GH¢355,812 for keeping the car unlawfully
for a period of 222 days (16th July 2014 to 23rd February 2015).
Audit Report
The former minister
after exiting from government, allegedly kept the project car, Lexus LX 570
purchased under rural electrification project.
An Auditor General's
report on the Energy Ministry on the special rural electrification had between
2010 and 2012 expended close to $2 million on 38 luxury vehicles and other
office equipment which were to be used to monitor and inspect a rural
electrification project.
AG’s Defence
OccupyGhana filed the
suit on March 12, against Dr. Oteng-Adjei and joined the Attorney General in
the action.
The AG filed her
defence on April 27, 2015 denying most of the claims but admitting that the
said vehicle was one of the fleet of vehicles purchased under a project for the
electrification of some communities in the Western, Central and Brong Ahafo
regions known as the Weldy Lamont project.
In an attempt to
shrug off the plaintiff’s claim of negligence, the AG appears to have exposed
Dr. Oteng-Adjei when she averred that “following a circular from the Chief of
Staff, former ministers were allowed to use their official vehicles for a
period of three months after leaving office.”
Oteng-Adjei’s Defence
Dr. Oteng-Adjei in
his defence filed on April 28, said he would contend that “in so far as his
letter of appointment contained express provision on the cessation of his
appointment, he did not cease to hold public office after the reshuffle.”
“The defendant states
that after the reshuffle, he continued to render public service including
attending meetings particularly in the energy sector, including meetings at the
seat of government with relevant high
level state officials in the Integrated Aluminuim project as part of preparations
towards the recent visit to Qatar by the
President of Ghana.”
Interesting Argument
“Defendant states
that other ministers who were initially reshuffled and ceased to hold any
ministerial positions were later reassigned to ministries and therefore 1st
defendant just like the said persons had no doubt that he would be reassigned.
This is moreso when his appointment contained express and clear terms on the
rights of both contracting parties,” he averred.
Dr. Oteng-Adjei further
argued that it was only after his appointment as Chairman of Ghana National
Petroleum Corporation (GNPC) on March 4, 2015 that by implication, he ceased to
act as public servant adding “even though he had not been expressly terminated
as Minister of State as required by his letter of appointment.”
Political Sanctuary
He accused
OccupyGhana of having political agenda to embarrass him and the NDC and said he
had not caused any financial loss to the country.
“1st defendant
would contend that the action is a pretext by his political enemies to punish
him for what they perceived to be his action which led to the state saving $46
million which otherwise would have benefited some interested parties,” he
claimed.
He said he had never refused
to return the vehicle and at all material times had no intention to unlawfully
keep same saying, “the present action is without any basis and is not
justiciable.”
OccupyGhana Reliefs
OccupyGhana want a
declaration that 1st Defendant’s (Dr. Oteng-Adjei) keeping and use of Lexus
Vehicle from 16th July 2014 to 23rd February 2015 “amounts to conversion and
detinue”; and a further declaration that the government was negligent in not
ensuring that Dr. Oteng-Adjei returned the vehicle upon leaving office as
Minister on 16th July 2014.
The plaintiffs said
they want the court to declare that the state and people of Ghana are entitled
to surcharge or otherwise be paid or compensated by Dr. Oteng-Adjei “for his
wrongful and illegal use” of the vehicle.
They further want the
court to order the AG (2nd defendant) to recover from Dr.
Oteng-Adjei “GH¢355,812 at the rate of 25% per annum, calculated on calendar
month basis from 16th July 2014 to 23rd February 2015,” as well as “general
damages against 1st Defendant in conversion and detinue,” and costs.
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