Day: November 26, 2023

An Accra High Court Commercial Division has dismissed a GHS39.7 million claim made by Magnate Technology and Services against the Ghana Revenue Authority for breach of agreement.

The amount, the company said, would have been revenue or fees that would have accrued to it

over the remaining period or unexpired term of the Addendum based on the average of the historically verifiable figures between the parties.

The court, in its ruling, held that it was unable to grant the reliefs being sought as there was not enough evidence from Plaintiff (Magnate Technology and Services) for it to accept the claim that was based on an illegal contract.

It said there was no evidence before the court showing the investment made over the period, revenue recouped over the course of performance and the deficit suffered.

‘I am inclined to make an order for the Plaintiff to recoup its investment but as l have stated above, the paucity of evidence does not offer any guidance.There is not sufficient evidence on record for me to
know the exact investment made by the Plaintif,’ HIS Lordship Justice Constant K. Hometowu, said in his ruling.

‘Simply stating in letters that over USD7million dollars has been invested is not sufficient under the circumstances,’ the court said.

‘The grant of this relief would be an enforcement of the contract I have established to be illegal. If I were to grant such relief, I would be condoning the statutory breach and granting immunity to the parties.

‘I am unable to make an order for the Plaintiff to recoup its investment because there is nothing to assist me determine the deficit (if any) based on the reconciliation of investment made and revenue so far made,’ the court said.

Consequently, the action is dismissed in its entirety, with no order as to costs, Justice Hometowu said in his ruling.

Magnate Technology and Services in its writ of summons sought, among other reliefs, a true interpretation of the Agreement and a restoration to its previous position, breach of contract, special damages of GHS3
9.7 million being the minimum revenue it would have earned if the Agreement was not wrongfully terminated of the Agreement and Interest from 1st June, 2020 to date of payment and a legal cost of GHS3 million.

The facts of the case were that Magnate Technology and Services in September 2007 entered an Agreement with the Ghana Revenue Authority after it won an international bidding process to provide a system for securing all bonded warehouses in the country for a 10-year period.

Although the agreement was made on September 26, 2007 for an initial period of 10 years the actual operations began three years later in August 2010, largely due to administrative delays on the part of the beneficiary agency, the then Ghana Customs Excise and Preventive Service.

The Agreement was structured as a long term public-private partnership in recognition of its capital intensive nature. The project was to be funded exclusively by Magnate Technology and Services.

The company was to have the exclusive right to provide the se
rvices in Ghana with the deliberate view to allow it to recoup its investments.

During the 10-year period, the parties agreed to a fee structure of 95% of net revenue for Magnate Technology and 5% for the GRA.

Magnate claimed it made heavy investment for the project (in excess of USD 7million) and this was acknowledged by the GRA.

However, due to the inadequacy of fee structure to enable the Plaintiff recoup its investment and make reasonable profit, the GRA agreed to renew the Agreement for a further term of six (6) years with a new fee structure to reflect 97% for Magnate Technology and 3% for the GRA.

According to the Magnate Technology and Services this investment was to be recouped from the net revenue over the renewed period for which

an Addendum was executed for a further term of six (6) years.

In its defence, the GRA argued that the Addendum was not a renewal of the Agreement, which had expired as of August 2017.

It said the Addendum must be considered as a fresh contract which required approva
l by the Board of the Public Procurement Authority and the

Ministry of Finance in the same manner that the two bodies sanctioned the earlier agreement.

The GRA submitted that the purported Addendum executed by the parties after the expiration of the Agreement was without any legal basis as same had expired at the time of execution of the Addendum in December 2017 or thereafter since the date of execution cannot be ascertained.

According to the GRA, correspondence between the parties dated 4th September, 2017 and 13th September, 2017 were made after the expiration of the agreement.

Notwithstanding correspondence between the parties, the GRA said that because the main Agreement was for 10 years, it reasonably expected the Magnate Technology to have recouped its investment and made reasonable profit over the period of time.

The GRA asserted that ‘the Addendum executed to the original Agreement is invalid and ill procured on the basis that the amendment or variation was not made during the subsistence of the
initial Agreement.’

It said the parties could not have made an addendum to the expired contract and that the Addendum lacked the crucial statutory approval and it is illegally procured and same was void and unenforceable.

In its determination, the court held that the undisputed evidence on record was a Main Agreement, which was executed by the parties in September 2007.

However, the execution of the Addendum breached ACT 663 as amended and ACT 921, which are aimed at protecting the public purse by ensuring the judicious use of state resources and it is for a good reason that there must be strict compliance.

Curiously, even though the original Agreement was executed by the Ministry of Finance, the Addendum did not have the signature of any representative from the Ministry of Finance.

No explanation was offered by either party to justify the absence of the Ministry of Finance, a crucial party to the original Agreement.

Source: Ghana News Agency

The Tema Regional Office of the Electricity Company of Ghana (ECG), has started a mass meter replacement project to provide customers with upgraded prepaid meters.

Ms Sakyiwaa Mensah, the Tema Regional Public Relations Officer of the ECG, told the Ghana News Agency in an interview in Tema that the new meters function remotely without an intermediary.?

Ms Mensah said the exercise sought to replace all prepaid meters that use cards, which required the credit to be loaded onto the cards for the cards to be shown and swiped in the meter before they would be loaded for use.?

She stated that the new meters, known as smart prepaid meters, work in such a way that once customers buy the credit, it will be loaded directly into the meter as they do not use any such cards.

She said the exercise would cover customers using older versions of prepaid meters within the Tema Metropolis, Prampram, Afienya, Nungua, and Ashaiman areas.

The PRO said these replacements do not cost the customer, even if they would include re-
routing.?

Nii Kwei Codjoe, the Marketing Officer for ECG Tema Region, encouraged customers to be on the alert in order not to succumb to any possible fraud issues, as unscrupulous people often call unsuspecting customers whenever such projects are being worked on to dupe them.

He reminded customers that ECG does not accept payments on the field, adding that the organisation had gone cashless and that all transactions must be made digitally to the organisation and not physically.?

On the need to change from one prepaid meter to another, he said that as technology kept growing and changing, the company was also positioning itself to change with the times.

He added that the smart prepaid meters being deployed would also bring more convenience to customers, as instances of missing cards and the need to replace them would be a thing of the past.?

He asked the public to be receptive to ECG field workers, question them if in doubt, and demand to see their ID cards where needed.

Source: Ghana News Agency

Rev. Mrs. Patricia Akpene Tegbe-Agbo, the National Coordinator of the Women’s Ministry of the Global Evangelical Church, has challenged women to desist from giving excuses in the face of opportunities and accept challenges to achieve their God given potentials.

She said as women we must debunk the notion that leadership and for that matter success were the preserve of a select group of people.

She challenged women to break all forms of limitations militating against their progress, prosperity and aspire for greater heights.

Rev. Mrs. Tegbe-Agbo was speaking at the Tema Presbytery Women’s Ministry Rally 2023 held at the Global Evangelical Church, Yahweh Chapel in Lashibi.

Speaking on the theme: ‘The Woman who Pursues Holiness based on Luke 1:26-38, she said, like Mary, God has called every individual woman with specific assignment.

‘My beloved mothers and sisters in the Lord, just as God sent Angel Gabriel to Mary and she became the mother of the Saviour of the world, so he has set us apart for very impo
rtant roles.

Please note that ours might not be to give birth to another Jesus but God has given us very unique jobs and professions which we must do to the best of our abilities in order to impact the world. ‘

She said the time had come for women to develop fully to attain their God given potentials in order to be independent, supportive not only to their families but the nation at large.

Rev. Mrs. Tegbe-Agbo encouraged the women to be holy in all they do, take whatever God had blessed them to do seriously as through such they would succeed.

Rev. (Rtd.) Edith Adoblosu-Kuhlor, a former National Coordinator of the Women’s Ministry, in her presentation on family life called on the women to support their husbands, especially financially so they could fend for their families.

Rev. Lawrence Tefe Ganyo, the Tema Presbytery Chairman, in a sermon challenged the women that just as God changed the stories of biblical women who lived holy lives, by emulating them, their own stories would change.

The Rally was atte
nded by Rev. Mrs. Vivian Doh, the immediate past National Coordinator of the Women’s Ministry, some Pastors of the Church and their Spouses and hundreds of women drawn from the various congregations within the Tema Presbytery.

Source: Ghana News Agency

Newly graduated students at the SALT Institute, a postgraduate degree Institution, have been urged to take calculated risks and foster an environment that perceives failure as a valuable opportunity for advancement.

They have been asked to question established norms and put in processes that entail calculated conditions that promote experimentation and curiosity.

Madam Mercy Debrah-Karikari, Secretary to Cabinet, made the call in her keynote address at the second graduation ceremony for the Institute.

She encouraged them to develop a cognitive orientation that perceived obstacles as prospects and saw failure as a conduit for acquiring knowledge and change for greater heights.

Madam Bebrah-Karikari said: ‘Be trailblazers in your respective disciplines, utilising innovative approaches to harness the several unexplored possibilities on our continents.’

She said as they moved high in academic careers and took up roles and responsibilities in society, their leadership acumen would be critical to achieving an
y goals.

Madam Bebrah-Karikari charged them to be transformational leaders with the capacity for adaptive innovation that would prepare them to traverse the challenges of Ghana and Africa.

‘The use of technological advancements, data analysis and contemporary patterns to discover innovative solutions to long-standing issues would guarantee that Africa does not merely develop, but does so sustainably,’ she said

She said Ghana and Africa needed leaders who dreamt big, led with integrity and promoted inclusivity, adding that in the pursuit of leadership excellence, ‘we should remember that the essence of leadership does not lie in the positions, but in the meaningful impact we make on the lives of those we serve.’

Dr Kodzo Alabo, Rector of SALT Institute, said the second congregation signified the Institution’s unwavering dedication to nurturing, educating, and supporting emerging leaders both within Africa and on a global scale.

‘As we celebrate this momentous occasion, let us reflect on the impact these g
raduates will have as they embark on their professional journeys, contributing to the development and undoubtedly shaping a brighter future for our continent,’ he said.

The Sundoulos Advanced Leadership Training (SALT) Institute is affiliated with the Ghana Institute of Management and Public Administration (GIMPA).

In all, 20 students graduated with a Master of Arts in International Relations and Diplomacy while nine students had a Master of Arts in Leadership and Management.

Miss Mavis Asare, who graduated with a Master of Arts in Leadership and Management was the Overall Best graduate.

Source: Ghana News Agency