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Controversial deal AG challenges authority of High Court in West Blue case

Michael Kweku Djan filed the writ to challenge the legality of the decision by government to pick West Blue Ltd to implement the Single Window and Risk Management System

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Minister of Justice and Attorney General, Mrs Marietta Brew Appiah-Oppong play Minister of Justice and Attorney General, Mrs Marietta Brew Appiah-Oppong

The Attorney General has challenged the jurisdiction of an Accra High Court to hear the case where a clearing agent, Michael Kweku Djan, has taken on government in what he considers a clear breach of the 1992 Constitution by sole sourcing the National Single Window and Risk Management System Project to West Blue Ghana Limited.

The AG who was represented in court by her deputy Dominic Ayeni raised a preliminary objection over the authority of the High Court to hear the case. 

He also told the court in his submission that Mr. Gyan has no capacity and reasonable cause of action to pursue the case. The case has been adjourned to the 28 July to allow the lawyer of the applicant respond to the preliminary objection raised by the AG.

The plaintiff Michael Kweku Gyan is praying the Court for an Order of Interlocutory Injunction restraining the Respondents or their assigns, agents or privies or any other authority from solely engaging West Blue Ghana Limited in the establishment of the National Single Window Project until the final determination of the application for the enforcement of his fundamental human rights.

The government intends to integrate all shipment activities and transit related businesses to achieve efficiency to enable it generate more revenue with the establishment of the National Single Window Project.

The contracts of five companies that are currently providing various Single Window solutions to the government expire on August 31, 2015.

The companies are BIVAC International Ghana Limited, Gateway Services Limited, Ghana Link Network Services Limited, Inspection and Control Service Limited and Webb Frontaine Limited. Together they form the Joint Consultative Committee of Destination Inspection Scheme.

The government through the Minister for Trade and Industry, Ekow Spio-Gabrah, had on June 15, 2015, written to the Destination Inspection Committees, expressed the intention of not renewing their contract upon expiration.

Prior to that, the Minister had on June 3, 2015, in a letter made a request to the Destination Inspection Companies to raise US$35million to the government to defray some debts after which they would be awarded a contract of 0.35% of Free on Board (FOB) values on all Ghana’s imports for at least a period of five years to enable them recover their investments.

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