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Akosa, other Storm Court over GT sale
Abdul Salam Sule, Ghanadot

Accra, Feb 4, Ghanadot - In their bid to reverse the sale of Ghana Telecom to Vodafone B.V International, Professor Agyeman Badu Akosa and five other Ghanaian citizens have filed a writ at the Commercial Division of an Accra High Court against the government of Ghana, Ghana Telecom and Registrar General Department.

However, it said if the plaintiffs were able to convince the court about the issue of jurisdiction rose during the mini trial, then the court would proceed to determine the capacity of the plaintiffs before any legal matters.

The judge in the case, Mr. Justice Amidu Tanko announced this at the court yesterday and has adjourned the case to February 9, 2009 to enable the parties to be served with the proceedings of the mini trial.

The Judge postponed the case after all the counsel in the case said they had not been served with the seven points issues raised and agreed on at the mini trial.

The issues include whether or not the plaintiff have any locus standi (capacity) in the matter, whether or not the process adopted prior to and leading to the placement of Sale and Purchase Agreement before parliament were in accordance with the procedures provided under the Companies Code and the 1992 constitution of Ghana.

Other related to whether or not certain articles of the agreement, articles 6(1), (6), 10 (7), 12 and 13, (21) contravened the 1992 constitution and whether the High Court had jurisdiction to determine the constitutionality of an agreement that had been ratified by parliament.

Prof. Agyeman Badu Akosa, Mr. Kossi Dede, Dr. Nii Moi Thompson, Naa Kordai Asiedu, Rodaline Imoru Ayarna and Kwame Jantua have sued the government over the sale of 70 per cent of the shares of Ghana Telecom to Vodafone B.V International, claiming the decision is not in accordance with the due process of law.

In their statement of claim, the six are asking the court to dissolve the Enlarged Ghana Telecom, which was created to affect the sale, because such company did not exist. They also claim, the sale and purchase agreement entered into among the Government of Ghana, GT and Vodafone for 900 million dollars was against the public interest and constituted an abuse of discretionary power of government.

They are also praying the court to restore the fiber optic network to the VRA, and an order for a true and faithful re-evaluation of assets of GT.

However, before adjourning the case yesterday, Mr Justice Tanko stated that, the case is a matter of extreme public interest and he would deal with it expeditiously.

 

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