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General News on Friday, February 8, 2019
Source: dailyguidenetwork.com
2019-02-08
Philip Addison, COCOBOD lawyer
Seidu Agongo, the businessman who is currently being tried for conspiring with Dr. Stephen Kwabena Opuni, former chief executive of Cocobod, with the aim of causing a financial loss to the state, lost an arbitration case that he had engaged against the Cocobod.
If he had succeeded in arbitration, the three companies of Seidu Agongo would bring back no less than US $ 46,460 million claimed as relief against the state agency responsible for the supply of fertilizer in 2016 only.
The companies involved were Agricult Ghana Limited, Sarago Limited and Alive Industries Limited.
DAILY GUIDE, said a panel of three members with a prominent international referee, Nana Dr. S.K.B. Asante as chairman, in a unanimous decision, stated that there was no proper test protocol prior to the alleged supply of fertilizers by Seidu Agongo's companies.
Final verdict
"On the basis of the pleadings, evidence and submissions referred to above, the Tribunal determines the specific remedies sought by the plaintiffs as follows: the Tribunal dismisses the plaintiff's claims in their entirety and dismisses all of the plaintiff's requested remedies . "
He further stated: "The Tribunal does not have jurisdiction to decide the issue of plaintiffs' liability under the AFRCD 58 as pleaded defendant (Cocobod)".
The source added that the court had ruled that "each of the parties would badume its own arbitration costs, including the costs of the lawyer".
Composition of the panel
Seidu Agongo would have chosen Kizito Beyuo before joining the three-man referees' committee, while Cocobod had chosen the former CHRAJ president, Judge Francis Emile Short, and the two leading referees had chosen Nana Dr. SKB Asante as president.
Seidu Agongo, said the source, was represented by former GBA president Benson Nutsukpui, while Cocobod was represented by prominent lawyer Phillip Addison.
Reliefs Agricult
In his relief, Seidu Agongo had asked the court to declare that "the fact that Cocobod did not take delivery of the goods or refuses to take delivery of the goods violates the supply contracts concluded between the parties".
He wanted Cocobod to receive an order to take delivery of the products, as well as an order to the public agency for it to pay $ 26.5 million to Agricult Ghana Limited, according to the agreed price in the contract for the supply of 1,000,000 liters of Lithovit liquid fertilizer made available by the company. in Cocobod, according to the signed agreement.
Sarago Reliefs
Seidu Agongo also requested that the Tribunal order Cocobod to pay $ 14 million, the price agreed in the contract for the supply of 400,000 bags of Duapa fertilizer made available by Sarago Limited and that Cocobod did not taken in delivery.
Alive Industries Reliefs
He also requested a payment order of $ 5,960 million to Alive Industries Limited, the price agreed in the contract for the supply of 200,000 liters of Acati Power Insecticide, which Alive Industries made available to Cocobod in accordance with terms of the agreement between Cocobod and Cocobod. refused to take delivery of.
Other reliefs
Seidu Agongo also requested, according to the source, Cocobod to pay the three companies the costs of warehousing products from April 1, 2017 until the date indicated.
Seidu Agongo also wanted "the Tribunal to pay interest on post-award amounts, from the date of award to the date of final payment, at the prevailing commercial bank rate".
He also requested an order directing Cocobod to pay the companies "all costs related to this arbitration, including, but not limited to, the administrative costs, fees and expenses of the arbitrators, experts, consultants, witnesses and other additional tests of the products. "
Seidu Agongo also requested an order for the payment of his firm's "full compensation costs" equal to 20% of the total amount of the contract and product warehousing fees. found due to the plaintiffs by the Court, agreed legal costs. by the applicants on the basis of the fee schedule approved by the Ghana Bar Association; and to grant the plaintiff any other relief the Tribunal may deem appropriate. "
It appeared that the companies involved in the arbitration had provided fertilizer to Cocobod under the NDC administration headed by Mahama. This had been done in 2014 and 2015 and until 2017, when the new administration of nuclear power plants questioned supplies for 2016 and opened the investigation. in the matter.
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