Agenda 111: Dafeamekpor sues government over procurement breaches

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The Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor has sued the incumbent government over procurement breaches in the award of contract for the construction of 111 health facilities in the country.

In a writ issued by his lawyer, Nii Kpakpo Samoa Addo accused the Akufo-Addo led government of failing to adhere to the laid-down processes of the Public Procurement Act, 2003 (Act 663) in awarding a building design contract to a Ghanaian-British architect.

According to him, the decision to sole-source Agenda 111 building designs to David Adjaye and iRisk Management Limited and Enterprise Insurance as the insurance companies for the project without opening up the bidding processes to other local firms constitutes a breach of Article 36(2)(b) of the 1992 Constitution.

In his view, architectural companies should have been given the opportunity to “bid and submit tenders to work on Agenda 111 to provide competition and value for money but at no point was there an open call for bids from other members of the Chartered Institute of Architects, despite sending out announcements for competitive bids.”

Mr Dafeamekpor further intimated that among other actions which are contrary to law, the government has also paid an amount of $6 million to the company as consultancy fees.

Describing it as unlawful, the South Dayi MP has asked the High Court to order for all monies paid to the Insurance company to be refunded to the State and prosecute the Health Minister and all officials involved in the award of the insurance contract.

Mr Defeamekpor also wants the court to declare the contracts as null and void, terminate the contracts, and order a fresh bidding process.

Below are the reliefs sought by Dafeamekpor:

1. A declaration that the Defendant’s failure to award the contract for the design of the hospitals forming the Agenda 111 by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

2. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the contract to Adjaye and Associates is in contravention of Article 36(2)(c) of the 1992 Constitution.

3. An order directed at the Government of Ghana to terminate the building design contract with Adjaye and Associates.

4. An order directing the Defendant to engage in a competitive two-stage tendering procurement process in order to award the contract as provided under Sections 35 and 36 of the Public Procurement Act, 2003 (Act 663).

5. An order that the Thirty-Six million Ghana Cedis (GHC36,000,000.00) advanced to Adjaye and Associates as payment for consultancy fees for the design, Project management and coordination under the building design contract be refunded to the State.

6. A declaration that the Defendant’s failure to award the contract for the insurance brokerage of the Agenda 111 project by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

7. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance brokerage contract to iRisk Management Limited renders the award null, void and of no effect.

8. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance brokerage contract to iRisk Management Limited is in contravention of Article 36(2)(c) of the 1992 Constitution.

9. An order directed at the Government of Ghana to terminate the insurance brokerage contract with iRisk Management Limited.

10. An order directing the Government of Ghana to engage in a competitive two[1]stage tendering procurement process in order to award the insurance brokerage contract as provided under Sections 35 and 36 of the Public Procurement Act, 2003 (Act 663).

11. An order that all moneys advanced to iRisk Management Limited as payment for fees under the insurance brokerage contract be refunded to the State.

12. An order directing the Defendant to charge and prosecute the Minister of Health and all officials involved in the unlawful award of the insurance brokerage contract to iRisk Management Limited for causing financial loss to the State under Section 179A of the Criminal Offences Act, 1960, Act 29.

13. A declaration that the Defendant’s failure to award the insurance contract of the Agenda 111 project by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

14. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance contract to Enterprise life Insurance Company renders the award null, void and of no effect.

15. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance contract to Enterprise Life Insurance Company is in contravention of Article 36(2)(c) of the 1992 Constitution.

16. An order directed at the Government of Ghana to terminate the insurance contract with Enterprise Life Insurance Company.

17. An order directing the Government of Ghana to engage in a competitive two[1]stage tendering procurement process in order to award the insurance contract as provided under Sections 35 and 36 of the Public Procurement Act, 2003 (Act 663).

18. An order that all moneys advanced to Enterprise Life Insurance Company as payment for fees under the insurance contract be refunded to the State. t. An order directing the Defendant to charge and prosecute the Minister of Health and all officials involved in the unlawful award of the insurance contract to Enterprise Life Insurance Company for causing financial loss to the State under Section 179A of the Criminal Offences Act, 1960, Act 29.

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