Wednesday, 16 May 2012

LEGAL BATTLE OVER GHANA TELECOM, VRA TO TESTFY


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.

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.
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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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