Court summons former Attorney General

By Stephen Kwabena Effah

June 18, 2013

The Accra Commercial Court has ordered former Attorney General Joe Ghartey, to appear before it next Monday to give evidence in the case in which six Ghanaians are challenging the government’s sale of 70 per cent shares in Ghana Telecom to Vodafone.

It has accordingly directed that a hearing notice be served on him by June 20.

Mr. Ghartey who was served with a subpoena and a hearing notice on June 14 through the Clerk of Parliament, was expected to have appeared in court yesterday but when the case was called at exactly 12:45pm, he was absent; prompting the judge to give the order.

He is expected to give evidence on the Sale and Purchasing Agreement (SPA), as well as matters relating to the sale of the 70 per cent shares to Vodafone International in July 2008 for 900 million dollars.

Mr. Ghartey who is also the Member of Parliament for Essikadu-Ketan constituency was subpoenaed to give evidence on the issue relating to the SPA in view of the fact that he was the Minister of Justice and Attorney General at the time the government offloaded the shares.

The six plaintiffs, led by Professor Agyemang Badu Akosa, are in court contending that the agreement entered into by the Government of Ghana was not in accordance with due process of law and thus a nullity.

Currently, the court presided over by an Justice Gertrude Torkornoo is conducting a mini trial to gather material evidence on the case to enable the Supreme Court determine some three legal questions that arose out of the case, which were referred to it on November 23, 2009.

Six persons have so far testified in the mini trial.

A number of organisations and institutions including the Ministry of Communications, National Communications Authority, Volta River Authority, Ghana Grid Company Limited, and Ecobank Development Co-oaoperation have been subpoenaed to give evidence and tender documents relevant to the case.

When the mini trial resumed yesterday, counsel for the plaintiffs, Bright Akwetey, informed the court that his checks have revealed that Mr. Ghartey, who they initially find difficult to serve, was on June 14 served with the subpoena through the Clerk of Parliament.

He, however, could not explain why Mr. Ghartey could not appear and thus prayed the court for a short adjournment to enable him show up in court for the case to continue.

Upon checks, the judge confirmed Mr. Akwetey’s claim as the case docket indicated proof of service of the court processes on Mr. Ghartey.

The court action was initiated in October 2008 by Prof. 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 dollars was against the public interest and constituted an abuse of the discretionary powers of the government.

According to them, 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.

The plaintiffs 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.