The Attorney General (AG) has challenged the jurisdiction of an Accra High Court to hear the case in which a clearing agent, Michael Kweku Djan, has taken on government in what he considers a clear breach of the 1992 Constitution, by sole sourcing the National Single Window and Risk Management System Project to West Blue Ghana Limited.
[contextly_sidebar id=”aOr1zgW7ooKywKSW8KT73mZNFzzOXlUz”]According to the AG, represented by her Deputy, Dominic Ayine, the High Court did not have the authority to hear the case.
He also told the court that the plaintiff has no capacity and reasonable cause of action to go ahead with the case.
Micheal Kwaku Gyan is asking the court to declare the deal unconstitutional and further direct the project to go through competitive tendering.
He is also praying the court for an Order of Interlocutory Injunction restraining the Respondents or their assigns, agents or privies or any other authority from solely engaging West Blue Ghana Limited in the establishment of the National Single Window Project until the final determination of the application for the enforcement of his fundamental human rights.
The case has been adjourned to the 28th July to allow the lawyer of the applicant respond to the preliminary objection raised by the AG.
Background
The government is solely engaging West Blue Consulting for the purposes of the single window implementation project in Ghana.
The single-window system is a trade facilitation which enables cross-border traders to submit regulatory documents at a single location.
The documents include customs declarations, applications for import/export permits, and other supporting documents such as certificates of origin and trading invoices.
This is aimed at increasing the efficiency through time and cost savings for traders in their dealings with government authorities for obtaining the relevant clearance and permits for moving cargoes across national or economic borders.
Some stakeholders in the industry have criticized the procedures adopted by government in selecting West Blue Consulting for the project.
The Concerned Freight Forwarders Association has accused government of rushing the decision to employ the services of West Blue Consulting.
According to them, the process under which West Blue was handpicked to implement this national single window platform was erroneous.
The Finance Minister, Seth Tekper, has defended government’s resolve to award the contract to West Blue.
He explained in an earlier interview on the Citi Breakfast Show that government’s action is in line with international ports standards.
By: Fred Djabanor/citifmonline.com/Ghana