The Attorney General’s Office (AG) has revealed the breakdown of cases in which states have been discharged from paying judgment debts of over GH¢10 trillion.
This follows President Nana Akufo-Addo’s revelation during the State of the Union Address (SONA) on Tuesday, February 29th.
Earlier, AG Godfred Yeboah Dame reacted to the statement, saying evidence on record, including court judgments, shows that the funds saved to the country as judgment debt exceeds GH¢14 trillion. He said the president’s claims were even generous because they clearly showed that. .
In a detailed response, the AG’s office shared insight into various related cases in a statement dated March 1 and signed by Dame.
A case is shown below.
Case No. E3/108/05 – International Economic and Technical Cooperation of Jilin Province, China v. Attorney General.
According to the announcement, on June 2, 2014, the plaintiffs obtained judgment against the state. In 2015, the state paid him USD 223,266 and her CHF 56,827.15 against the judgment debt. In 2022, the plaintiff resumed enforcement of the judgment debt listed as US$988,294,313 (approximately US$1 billion) and GH352,626,144.41₵.
More than GH₵400 million in the accounts of the Ministry of Finance has been seized by an attachment order (money payment order) granted by the Kumasi High Court on February 28, 2022.
Also, Case No. J4/23/2014 – NDK Financial Services Ltd Vrs. Ahman Enterprises v. Attorney General
The statement further added that on December 21, 2011, the High Court ruled against the state to pay the amount claimed by the plaintiff, plus interest, at 6.5% per month, calculated at the daily closing rate, at the end of the year. Monthly from January 7, 2009 until final payment date.
By 2020, the judgment debt had increased to GH₵1,273 million after the country had already paid GH₵79 million. Based on an application for an order by the AG that the judgment debt is unconscionable and that the amount paid by the State should be considered as full repayment of the judgment debt, the Supreme Court ruled in July 2021 that the amount outstanding is: The judgment was as follows. Only GH₵14,000 was paid.
Further, Case No. RPC/345/2007 – African Automobile Ltd Vrs. Ministry of Employment and Human Resource Development and Attorney General
On July 31, 2009, the High Court ruled in favor of the plaintiff and awarded simple interest on the amount claimed. On February 24, 2011, the Court of Appeal ruled that interest would be awarded at the rate of 10% compounded monthly on the invoiced amount.
On April 26, 2021, the High Court granted an attachment order in favor of the plaintiff in the sum of GH₵10,331,841,859,411.20. The AG challenged the Garnishee Nishi’s order, which resulted in the plaintiffs significantly amending their claim for GH₵3,615,826,184,388.24, which the High Court granted.
The AG stated that it was dissatisfied with the judgment and therefore filed a new action against the judgment creditor on 19 June 2023 to set aside the entire judgment against the State (action number GJ/0956/23). The AG argued that the plaintiff’s legitimate claim was for the total amount of GH₵28,000 paid.
Again at Cassius Mining Ltd Vrs. Government of the Republic of Ghana (International Arbitration)
On February 3, 2023, the plaintiff commenced an international arbitration against the country for failing to extend the term of the exploration license agreement dated December 28, 2016, and awarded compensation in excess of USD 275 million. demanded money.
Additionally in Beijing, all traffic and lighting Vrs. Government of Ghana (Arbitration at the Permanent Court of Arbitration in The Hague)
The plaintiffs dragged the public to the Permanent Court of Arbitration, seeking more than $60 million in damages for breach of contract. Following a challenge by the Attorney General, the PCA dismissed the claim on January 30, 2023.
Also, Suit No. C1/34/19 Heritage Imperial Ltd Vrs. 4th Department of Land and Natural Resources and Attorney General.
In July 2020, the plaintiff obtained a judgment for US$15,304,714.20 for the seizure and destruction of mining equipment. In July 2021, the High Court, on the AG’s application, set aside the entire judgment for violating various legal provisions.
Suit No. RPC/344/2007 African Automobile Ltd Vrs. Accra Metropolitan Council and Attorney General The plaintiff obtained a judgment in 2009 and proceeded in February 2020 to obtain a seizure order for the sum of GH₵592,092,705,048.00. The Attorney General said he had started proceedings in the High Court to have the case quashed. Judgment for fraud. The court suspended enforcement of the judgment until the verdict is rendered.
Finally David Akpasela & 42 Ors Vrs. Attorney General
In 2020, the High Court rejected a lawsuit by former members of parliament and ministers of state who sought severance payments of more than GH₵100 million. The Court of Appeal dismissed the appeal in May 2022.
Read the full release below.
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