AG refuses judgment of NDK GH ¢ 1.2b

General News of Wednesday, March 27, 2019

Source: dailyguideafrica.com

2019-03-27

The Crown filed an application in the Supreme Court to prevent NDK Financial Services Limited from making the government's debt an "unsubstantiated" debt of GHG 1,273 million to the government.

Deputy Attorney General Godfred Yeboah Dame is expected to present today her request to oppose NDK's request.

According to the petition filed by Sylvester Williams, Attorney General, "NDK's claims, which result from" unjustified calculations "of interests based on a court's judgment, if they are not stopped, will weigh heavily on public money. "

In 2009, NDK Financial Services Limited brought an action against Ahaman Enterprises Limited, Attorney General Alex Aduko and Aduko Kyeremanteng in front of a High Court in Accra.

The Accra High Court ruled in favor of NDK, but rejected its claims against the AG, which acted on behalf of the government.

However, NDK appealed to the Court of Appeal against the decision of the High Court to dismiss his claims against the AG. It was confirmed and followed by an "order accordingly" for the payment of all amounts paid under the contract of carriage contrary to the Ministry of Energy's letters of commitment on August 19, September 22, October 13, 2005, February 2, 2006 and April 27, 2006 after the accounts were rendered by the Ministry of Energy with interest at 6.5% per month. "

The AG appealed the judgment of the Court of Appeals of the Supreme Court which dismissed it.

Last application

In his latest petition, the AG baderts that, with respect to the government, it has already complied with the Supreme Court ruling, but NDK continues to demand more "unfounded" money.

The AG baderted that "NDK, through a process of categorizing judgment debt into" verified "and" unverified "portions, consistently claimed the plaintiff a huge amount, even though it was totally unjustified.

According to the court order, "the State estimates that the sum of 867,441.5 GH ¢ plus interest at the agreed rate of 6.5% per month, calculated at the close of each day and payable to the end of each month beginning April 1, 2009 at the end of each month beginning April 1, 2009 until the date of final payment. "

He baderted that "the payment of any sum made in violation of the letters of undertaking required the respondent to produce proof of such payment in violation of the letters of intent". commitment of the Ministry of Energy.

"That the Respondent is processing a certain amount of 268,250.52 GH ¢ paid by the Ministry of Energy to Ahaman Enterprise without reference to the Respondent in December 2008, as part of" misappropriated amounts unverified ", as requested by the Attorney General.

The Prosecutor therefore requests the High Court to order that the amount of GHG 79,510,855.06 paid by the Government of Ghana fully complies with the judgment of the court.