[ 2015-07-27 ]

AG challenges authority of High Court in West Blue case
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.

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.

Source - Citifmonline

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