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CoS breaches Procurement Act after auction sale of public vehicles – Court

CoS breaches Procurement Act after auction sale of public vehicles – Court

Court decision has disclosed that Ghana’s Chief of Staff (CoS) breached Procurement Act when she ordered for the auction sale of public vehicles.

The court said “Counsel for the defendant submits that in so far as the plaintiffs claim is grounded on Section 83 of Act 663, and the Ministerial responsibility with respect to the aid Act is vested in the Minister for Finance the plaintiff has no cause for action against the defendant .

“In the opinion of this court whether the said power should have been exercised by the Minister for Education of the Minister for Finance there is noncompliance with section 83 of Act 663 and the need to determine whether the procedure applied in the approval and sales of the said nine vehicles took into consideration the nature of the unserviceable of the sold vehicles and also all laws applicable to the said sale.”

Member of Parliament for South Dayi Rockson-Nelson Dafeamekpor last year sued the government over the auction of cars belonging to the Kumasi Technical University.

DEFEAMAKPOR-ROCKSON-NELSON-VS-ATTORNEY-GENERAL-RULINGDownload
He contended that the sale of the vehicles with approval from the Chief of Staff is contrary to the Public Procurement Act. The nine vehicles in question are:

a. A Toyota Corolla with registration number GV-1585-14 acquired in the year 2013.
b. A Toyota Corolla with registration number GV-1579-14 acquired in the year 2013.
c. A Tata Indigo with registration number GV-1581-14 acquired in the year 2007.
d. A Tata Indigo with registration number GV-1582-14 acquired in the year 2007.
e. A Tata Indigo with registration number GV-1584-14 acquired in the year 2007.
f. A Tata Indigo with registration number GV-1592-14 acquired in the year 2007.
g. A Star Tata Bus with registration number GV-1308-20 acquired in the year 2007.
h. A Nissan Hard Body with registration number GV-1580-14 acquired in the year 2006.
i. A Nissan Primera with registration number GV-657-S acquired in the year 2001

He indicated that in November, 2020, the Registrar of the Kumasi Technical University requested approval through a letter to the Office of the President to dispose off nine unserviceable vehicles in possession of the Kumasi Technical University through Public Auction.

He alleges that on the 2nd of December, 2020, the Chief of Staff gave approval to the Kumasi Technical University to dispose off the said vehicles through a Public Auction.

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