Supreme Court Adjourns NDK’s GH¢1.2 bn Claims Case

Godfred Yeboah Dame

The
case in which the Attorney General is refusing to pay over GH¢1.2 billion to NDK
Financial Services Limited as claims has been adjourned again.

This
is because PricewaterhouseCoopers Ghana (PwC), the international accounting
firm, which has been ordered by the court to ascertain the veracity of the claims
of NDK Financial Services Limited against the government through the Ministry
of Energy, could not submit its findings to the Supreme Court.

Representative
of the accounting firm was not in court but Deputy Attorney General Godfred Yeboah
and lawyers for the NDK were present.

The
panel presided over by Justice Sophia O. Adinyira adjourned proceedings until
May 30 for the accounting firm to submit the report to the court for action to
be taken.

At
the last adjourned date, AG and NDK were ordered by the court to prepare legal
accounts for the auditing firm to work with, which has since been done.

PwC
is expected to verify how much the state has been able to pay through the Bank
of Ghana (BoG) and whether NDK is still entitled to more payments amounting to
some GH¢1,273,000,000 as judgment debt.

The
Supreme Court’s order follows an application by the AG insisting that the state
had fulfilled all financial obligations to NDK with regard to certain payments
and interests based on the court’s order.

The
AG contended that as far as the government is concerned, it has already
complied with the judgment of the Supreme Court, but NDK continues to make
‘unsubstantiated’ claims for more money.

The
AG averred that “NDK, through a process of categorizing
the judgment debt into ‘ascertained’ and ‘unascertained’ parts, has been
persistently making claims for humongous sums from the applicant herein, albeit
totally unjustified.”

It
said “the court order in the view of the state implies that the sum of GH¢867,441.5 plus interest at the agreed rate of
6.5% per month calculated at the close of each day and payable at the end of
every month from 1st April, 2009 at the end of every month from 1st April, 2009
till the date of final payment.”

It
averred that “payment of any sums made in contravention of the letters of
undertaking cast a burden on the respondent to produce evidence of such payment
in contravention of the letters of undertaking by the Ministry of Energy.”

“That
the respondent treats a certain sum of GH¢268,250.52 paid by the Ministry of Energy to
Ahaman Enterprise without reference to respondent in December 2008 as part of
the “unascertained diverted amounts,” the AG’s application averred.

The
AG is therefore praying the apex court for an order to determine that the
amount of GH¢79,510,855.06
paid by the Government of Ghana is in full satisfaction of the judgment given
by the court.

The five-member panel of judges presided over by Justice Sophia Adinyira and assisted by Justices Jones Dotse, Anin Yeboah, Sule Gbadegbe and A.A. Benin therefore appointed PricewaterhouseCoopers Ghana to ascertain the accounts of the two parties.

By Gibril Abdul Razak



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