A Plus case: Supreme court rules for Kroll to be served out of jurisdiction

Getting your Trinity Audio player ready...

The Supreme Court of Ghana on Friday, February 21, 2020 granted a motion to enable Kroll and Associates to be served out of the jurisdiction.

The motion was granted by a sole judge Justice Mariama Owusu after listening to a motion from the lawyers of Kwame Asare Obeng aka A Plus.

The controversial musician now turned political activist, Kwame Asare Obeng, alias A Plus, sued the Attorney General and private firm, Kroll and Associates over the payment of some $1 million paid to the latter by the Senior Minister, Mr. Yaw Osafo Maafo.

In a writ filed at the Supreme Court on December 18, 2019, A Plus is seeking a declaration that the decision by the government to pay the said amount to Kroll and Associates has contravened the 1992 constitution.

He is also seeking the court to order Kroll and Associates to refund the monies paid to them with interest at the prevailing Bank of Ghana rates.

Background

The NPP firebrand is seeking: “Declaration that the contract between the Government of Ghana and the 2nd Defendant is an international business or economic transaction under article 181(5) of the 1992 constitution that could only have become operative and binding on the Government of Ghana after being laid before and approved by Parliament.”

Also, he wants a declaration that “the conduct of the Government of Ghana in paying sums of money amounting to GH¢4,869,421.87 million to the 2nd Defendant arising out of the said contract is inconsistent with and in contravention of the Ietter and spirit of the 1992 constitution, particularly article 181(5) thereof and is accordingly null, void, and without effect whatsoever.”

A Plus is also seeking an order directed at Kroll Associates to refund to the Republic of Ghana all sums of money paid to it by the Government of Ghana as a result of the “unconstitutional conduct of the Defendant which violated article 181(5).”

Furthermore, he wants the Court to order Kroll Associates to pay interest on the total amount paid to it by the Government of Ghana at the prevailing Bank of Ghana interest rate, among other reliefs the Court may deem appropriate.

The Auditor-General indicted the Ministry of Finance and the Senior Minister accusing them of contracting Kroll Associates in 2017 to recover assets from identified wrongdoers; investigate allegations of wrongdoing among others, paid the company an amount of US$1 million (equivalent of GH¢4,890,000), yet there was no evidence of work done.

Justifying the deal, Mr Osafo-Maafo, in a letter addressed to the Auditor General in October this year, explained that the company actually worked and there was ample evidence of the work done by the firm to merit government’s payment.

Also, he insisted that approval for the request for single-source procurement of professional services was obtained contrary to claims by the Auditor-General that they failed to seek approval from the Public Procurement Authority.

Mr Domelevo however, rejected the Senior Minister’s explanation, insisting that his demand for proof of work done by Kroll Associates had not been satisfied, hence his decision to surcharge the Senior Minister $1m.

Dissatisfied by the move, the Senior Minister and four other officials from the Ministry of Finance have filed a notice of appeal against the Auditor General’s US$1 million Disallowance and Surcharge in respect of the contract to Kroll and Associates.

The writ is below:

Source: Daily Mail GH