March 20, 2023
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The Bulsa South District Chief Executive, Daniel Kwame Gariba, has been dragged to court by some residents in the district for diverting GETFund projects.

In a writ of summon, the DCE is said to have diverted the construction of two 2-unit kindergarten school blocks for the Doninga Primary School and Weisi Primary School to the Naadema community.

The plaintiffs, Thomas Ananbiak and James Ababek, are seeking the court orders a perpetual injunction against the defendants, the agents, workmen or any other persons from diverting the construction of the two 2-units kindergarten school blocks for the Doninga primary school and Weisi Primary School to any other community.

The lawyer of the plaintiffs, Lamtiig Apanga also want the court to order the 2nd and 3rd defendants (Mohadams Karimus Company LTD and Big Harbis Enterprise) to comply with the terms and condition of the awards letters dated October 24, 2022 to construct the 2 two-unit kindergarten school blocks in Doninga Primary School and Weisi Primary school as contained in the award letter.

The plaintiffs, Thomas Ananbiak and James Ababek in a statement of claims avers that chiefs, opinion leaders and well-meaning members including the member of parliament for Builsa South Constituency had appealed to government and development agencies to assist the community by constructing educational facilities for their respective communities.

Based on the numerous request for the construction of educational facilities and the effort of the member of parliament, Dr Clement Apaak, to lobby for developmental projects for these communities, the Ghana Education Trust Fund (GETFund) per a letter dated June 14, 2022, addressed to the Defendant indicated to the defendant that it has allocated funds for the construction of two separate2- unit Kindergarten School Blocks ni Doninga D/A primary School and Weisi D/A Primary School.

Pursuant to the said letter from GETFund in respect of the construction of the Kindergarten School Blocks for these two communities, Defendant advertised in the Ghanaian Times Newspaper and invited bids from contractors in respect of this specific project among other projects.

Following a competitive bidding process, the defendant was selected and awarded the contract to construct the Unit Kindergarten School in Doninga PrimarySchool pursuant to which an award letter with reference numBbeSrDA/ETC/F/VOL3/22/02 dated 24th October, 2022 was issued by the first Defendant to the contractor for the construction of the said project at a cost of GHc538,497.03 to be completed within 6months.

A second award letter with reference number BSDA/ETC/F/VOL3/22/03 dated 24th October 2022 was issued to the 3rd Defendant awarding it the contract for the construction of the 2-unit Kindergarten School block in the Weisi Primary School at a cost of GHc538.423.13 to be completed within 6months.

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The plaintiff indicated that based on these letters, the two contractors who won the bids have put themselves in readiness to commence work as soon as possible and the respective communities are highly expecting these projects to improve teaching and learning in their communities.

However, the District Chief Executive of the Defendant in his third sessional address of the third session of the Builsa South District Assembly held on 28th November, 2022 unliterary announced that the two 2-unit kindergarten schools blocks for Doninga primary school and Weisi primary school have been diverted to Naadema and Uwasi-Tuidema communities contrary to the procurement laws.
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Plaintiffs aver that the decision of the District Chief Executive is a breach of the Public Procurement Act, 2003 (Act 663) as amended by Act 914 and should not be endorsed by this Honourable Court.

The Plaintiffs added that the District Chief Executive has disregarded all attempts to draw his attention to the unlawful decision that he took however, he has failed and ignored to comply with the procurement laws and has taken further steps to advance his illegal conduct by cutting sod for the construction of the kindergarten school blocks in Naadema and Uwasi-Tuidema contrary to the entire procurement process.

Based on this, the Plaintiffs have compelled the 1st and 2nd Defendants to move to different sites to construct the kindergarten school blocks contrary to the procurement process and the documentation.

The plaintiffs have also called on the court to let the 2 and 3rd defendants comply with the terms and conditions of the award letter.

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