REPUBLIC OF GHANA WRIT OF SUMMONS (Order 2rate 30)) WRIT ISSUED FROM: i Lies CS = al SB. SUIT Ni IN THE HIGH COURT OF JUSTICE GENERAL JURISDICTION DIVISION ACCRA on lee fosaee fay bg 4, SELORM BRANTTIE No, M369/4 MADINA, ACCRA 2. NANA AMA ADOM-BOAKYE KANYI No. 44 KINSHASA AVENUE EAST LEGON, ACCRA PLAINTIFFS 5 JOHN ATO BONFUL No. 22 GUGGISBERG AVENUE DANSOMAN, ACCRA aR VRS \S-SEUS vee 1. THE MINISTER OF COMMUNICATIONS \: fe MINISTRY OF COMMUNICATIONS MINISTRIES, ACCRA ‘THE ATTORNEY GENERAL MINISTRY OF JUSTICE DEFENDANTS MINISTRIES, ACCRA 3. KELNI.GVG LIMITED NO. G15, AIRPORT RESIDENTIAL AREA ACCRA [PLAINTIFFS SHALL DIRECT SERVICE] ‘To THE DEFENDANTS HEREIN AN ACTION having been commenced against you by the issue of this writ by the above-named Plaintiff YOU ARE HEREBY COMMANDED that within EIGHT DAYS after service of this Writ on you inclusive of the day of service you do cause an appearance to ¢ entered for you. AND TAKE NOTICE that in default of your so doing, judgment may be given in your absence without further notice to you. oateathis | STs dayor Oo ANN SR, 2.) x chietustce of Ghana SOPHIA A.B, AKUFFO (MS) NB: ‘This writ is to be served within twelve calendar months from the date ofissue unless it isrenewed within six calendar ronths from thedateof that renewal. ‘The defendant may appear hereto by fling a notice of appearance either, personally or by lawyer at From 5 at the Registry of the Court of issue of the writ at ‘A defendant appearing personally may, if he desires, give notice of appearance by post. “stato name, place of residence oF business address of plaintiff known (not P.O. Box number). “Suate name place ofresidence or business address of defendant (aot P.O, Box number).riled on. IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE GENERAL JURISDICTION DIVISION GREATER ACCRA REGION ACCRA- A.D. 2018 SELORM BRANTTIE No. M369/4 MADINA, ACCRA » NANA AMA ADOM-BOAKYE KANYI No. 44 KINSHASA AVENUE EAST LEGON, ACCRA PLAINTIFF 3 JOHN ATO BONFUL No. 22 GUGGISBERG AVENUE DANSOMAN, ACCRA, VRS 1, THE MINISTER OF COMMUNICATIONS MINISTRY OF COMMUNICATIONS MINISTRIES, ACCRA, 2. THE ATTORNEY GENERAL MINISTRY OF JUSTICE DEFENDANT MINISTRIES, ACCRA KELNI GVG LIMITED NO. G15, AIRPORT RESIDENTIAL AREA ACCRA ‘STATEMENT OF CLAIM 1. The 1%, 2" and 3” Plaintiffs are Ghanaian citizens who are commitied to good govemance, anti-corruption and social justice 2, The 1 Defendant is the Honourable Minister in charge of Communications in the Republic of Ghana and at all material times relevant to this suit was the signatory to the Contract which forms the subject matter of this action. 3. The 2" Defendant is the principal legal adviser to the Government of Ghana. 4. The 3° Defendant is the second party to the Contract which forms the subject matter of the instant action. 5. Plaintiffs say that sometime in August 2016, the then President assented into law the Public Financial Management Act, 2016 (Act 921) whose object is to, inter alia, regulate the financial management of the public sector within a macroeconomic and fiscal framework: to define responsibilities of persons entrusted with the management and control of public funds, assets, liabilities and resources, to ensure that public funds are sustainable and Page1ot4Consistent with the level of public debt; to provide for accounting and audit of public funds and to provide for related matters. 6. Plaintiffs say further that under section 33 of the said Act 921, a ‘covered entity’ is prohibited from entering into any agreement with a financial commitment that binds the Government for more than one financial year (multi-year commitment) or that results in a contingent liability except where the financial commitment or the contingent liability @ th the prior written approval of the Minister, and (b) authorised by Parliament in accordance with article 181 of the Constitution. {Emphasis supplied) 7. Plaintfs say that sometime on or about the 274 day of December, 2017, the 2" Respondent, acting on behalf of the Government of Ghana executed a contract with the 3" Defendant, a supposed private entity known as KelniGVG Limited for the design, development and implementation of a common platform for Traffic Monitoring, Revenue Assurance, Mobile Money Monitoring and Fraud Management (hereinafter simply referred to as the Contract). 5. Plaintifs say that according to the terms of this Contract, the Government of Ghana is to pay the 3" Defendant an automatic flat fee of about US$1.5 million every month for total tenure of ten years — an initial term of five years with an automatic renewal for another five years. Stated in Section 7(2)(d) in the contract as “Management of the Common Platform for the total period of ten years” 9. Plaintiffs shall say that the said Contract places a multiyear financial commitment on the Government of Ghana. 10. Plaintifs shall say further that given the nature ofthe said Contract, the 1* Defendant ought to have sought prior approval from the Minister of Finance as well as Parliament in accordance with Section 33 of the Act 921, a fortiori Article 181 of the Constitution, 11s the case of Plaintiffs that the 1* Defendant failed to secure the requisite statutory and constitutional approvals before executing the said Contract and the Plaintiffs shall Consequently contend strongly that the Contract is illegal, 12. Plaintiffs say also that given the illegality of the said Contract, the Government of Ghana cannot be made to continue to commit huge sums of taxpayers’ money to meet the financial obligations under the Contract. 13. Plaintiffs say further that according to the terms of the Contract, the sum to be paid monthly to the 3 Defendant shall be drawn from sources including the Internally Generated Funds (IGF) of the National Communications Authority (NCA), and part of the Communications Service Tax (CST) collected by the Ghana Revenue Authority 14. Plaintifis say that the National Communications Authority (NCA) and the Ghana Revenue Authority (GRA) are themselves covered entities under Act 921, Page2of415. Plaintiffs say in adcition that as covered entities, the NCA and GRA have their own respective budgets for each fiscal year and that the payments under the said Contract were not budgeted for by the NCA and/or GRA. This therefore means these expenditures were not captured in the budgets presented by the Minister of Finance and approved by parliament, which also means these expenditures are unapproved and hence illegal. 16. Plaintiffs say therefore that any commitment of funds by NCA and GRA to meet the payment obligations under the Contract is illegal and in flagrant breach of Act $21. 17. Plaintiffs say also that the procurement process leading to the award of the Contract was fundamentally irregular and contrary to provisions in the Public Procurement Act, 2003, Act 663. 18. Plaintiffs say that this honourable court has since time immemorial played its pivotal and jealous role of enforcing the laws of the land as well as safeguarding and protecting State resources by preventing public officials from dribbling through laws and awarding contracts without due process and against the spirit of probity and accountability 19. Plaintifis also say that this action is brought pursuant to Plaintifis’ civic responsibility 10 Protect and preserve public property and expose and combat misuse and waste of public funds and property. 20. Plaintiffs say that the Contract between the 1 and 3% Defendants’ was procured and executed in flagrant violation of the statutes of this land namely the Public Financial Management Act and the Public Procurement Act. 21. Plaintiffs say also that despite the illegality of the said Contract, Government of Ghana has already commenced making payments under the Contract having been committed to do so regardless of the fact that 3rd Defendant may not have completed its installations and work may not have begun in earnest, nor benefits accrued to the nation. 22. Plaintiffs say further that this Contract was procured hastily, lacked proper due diligence and Under circumstances which exposed the State to serious financial jeopardy. 23. Plaintiffs say that unless this honourable court intervenes to enforce the law and administer justice, hard eamed taxpayers’ money shall be applied to a project whose value and worth is still undetermined and which Contract was procured under very irregular circumstances. 24. Plaintifs say also that the continuous payment of huge sums of taxpayers’ money under the Contract is akin to pouring good wine into a poisoned chalice. Page 3 0f 425. Plaintifis therefore claim jointly and severally against the Defendants as follows: a. Adeclaration that the Contract between 1” and 3" Defendants is in violation of the Public Financial Management Act, 2016 (Act 921) and hence illegal. b. An order to cancel and/or nullify the Contract between the 1% and 3" Defendants. ©. Addeclaration that all payments made under the said Contract are illegal. d. An order directed at the 3% Defendant to refund all sums paid to it under this Contract to the Government of Ghana. @. An order of Interlocutory Injunction restraining the 1% and 3" Defendants whether by themselves, their servants, workmen, hitelings, agents, privies or any person claiming under or through them, howsoever described from performing the obligations stipulated in the said Contract until the final determination of the instant suit i, An order of interlocutory Injunction restraining the 1" Defendant, acting for and on behalf of the Government of Ghana whether for herself, her servants, workmen, hirelings, agents, privies or any person claiming under or through her office, from making any Payments under the Contract to the 3 Defendant, until the final determination of this suit. 8. Any further order(s) as this honorable court may deem fit in protecting and safeguarding State resources. DATED THIS 14” DAY OF JUNE, 2018 AT LEX PRAXIS INC,, NO. 44 KINSHASA AVENUE, EAST LEGON ACCRA, EDDIE Q. LIC. NO. GAR 1831/18 ‘THE REGISTRAR HIGH COURT GENERAL JURISDICTION DIVISION ACCRA. AND TO THE ABOVE NAMED DEFENDANTS ON WHOM THE PLAINTIFFS SHALL DIRECT SERVICE, Page 4of 4