By
Felix Engsalige Nyaaba
A witness in
the case involving some members of the Convention people party (CPP) and the
Ghana Telecom, now Vodafone yesterday told the commercial division of the Accra
High Court that, eight out of 18 of the
fiber optic cable that the government ceded to the Vodafone in 2008 was given
to the GRIDCO Company by VRA for use to control communication network.
Mr. George Sasraku-nipa, a communication Engineer of
GRIDCO yesterday testified as witness for the plaintiffs, who are suing the
government for selling 70% of shares and other assests to Vodafone Ghana in
2008.
Officials of
the VRA was expected to appear and testify as to why the nation ceded the fiber
optic cables and other assets to the
Communication company without due process for value for money looking at the
quantum of state assets evolved.
But when the case was called, the presiding judge
Mrs. Gertrude Torkonor told parties in the case that, the VRA officials have
sent a letter indicating that the hearing notices was short services to them
and that they could thus not be able to
appear in court yesterday .
Following that, the officer from GRIDCO company
mounted the witness box and told the court that, the company took eight out of the 18 fibre optic cables from VRA to be use to control
communication and that the cable was
been ceded to the Vodafone but were managed and maintained by National
Communication Board Company(NCBC) .
He told the court that, the cost of the nation in maintaining
the cables core for Vodafone cost an amount of $24,000 a month and that it was
the official of the VRA who could tell why it is costing the nation of such
amount to maintain the fiber optic cable for a private company in the country.
The witness noted that before the VRA gave out the eight out of the 18 cable to GRIDCO, it
indicated that the was not in need of the 18 but as at now it has expanded to 24 optic core cables .
The
commercial court some time last year ordered and allowed the plaintiffs to
bring in documents from VRA, GRIDCO, VOLTACOM and the Ministry of Communication
in relation to the ministerial meeting on the sale of Ghana Telecom.
The plaintiffs are Professor
Agyemang Badu Akosa, Michael Kosi Dedey, Dr Nii Moi Thompson, Naa Kordai
Assimeh, Ms Rhodaline Imoru Ayarna and Mr Kwame Jantuah, all members of the
Convention People’s Party, in their capacity as citizens.
They are contending that the Sale and Purchase Agreement entered into among the Government of Ghana, GT and Vodafone for the sale of 70 per cent of GT for 900 million dollar was against the public interest and constituted an abuse of the discretionary powers of the government.
According to the plaintiff, the decision of the government to transfer the assets, properties, shares, equipment, among others, to Vodafone was obnoxious, unlawful and inimical to the public interest, particularly when no consideration was required to be paid by Vodafone for the stated assets.
They are contending that the Sale and Purchase Agreement entered into among the Government of Ghana, GT and Vodafone for the sale of 70 per cent of GT for 900 million dollar was against the public interest and constituted an abuse of the discretionary powers of the government.
According to the plaintiff, the decision of the government to transfer the assets, properties, shares, equipment, among others, to Vodafone was obnoxious, unlawful and inimical to the public interest, particularly when no consideration was required to be paid by Vodafone for the stated assets.
The group argued that the three
Ministers of State and the managing director of GT who signed the agreement on
behalf of the government did not exercise the requisite level of circumspection
required of them as public officers in relation to public property.
They are, therefore, seeking reliefs from the court, including a declaration that the agreement entered into by the government was not in accordance with the due process of law and was, therefore, a nullity.
.
They are also demanding that the court should give an order declaring that the forcible grouping of autonomous state institutions established by law Voltacom, Fibreco, VRA Fibre Network and VRA Fibre Assets with GT to form the purported Enlarged GT Group was unlawful and, therefore, void and of no legal effect.
The plaintiffs are further praying for an order of perpetual injunction to restrain the government from disposing of its 70 per cent share of GT to Vodafone or any other foreign company without first exploring avenues for funding and better management in Ghana.
They are, therefore, seeking reliefs from the court, including a declaration that the agreement entered into by the government was not in accordance with the due process of law and was, therefore, a nullity.
.
They are also demanding that the court should give an order declaring that the forcible grouping of autonomous state institutions established by law Voltacom, Fibreco, VRA Fibre Network and VRA Fibre Assets with GT to form the purported Enlarged GT Group was unlawful and, therefore, void and of no legal effect.
The plaintiffs are further praying for an order of perpetual injunction to restrain the government from disposing of its 70 per cent share of GT to Vodafone or any other foreign company without first exploring avenues for funding and better management in Ghana.
The case has been adjourned to May
22, this year for the officials from the VRA to appear before the court and
testify.
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