The Government of Ghana finalized its agreement with West Blue Ghana Limited for the take-over of Classification, Valuation and Risk Management from the Destination Companies a day before an Accra High Court (Human Rights Division) determined an injunction application that was brought before it by a clearing agent, Kasapafmonline.com can say.
The Court presided over by Justice Anthony Yeboah last Friday dismissed an injunction application filed by Michael Djan, to stop the government from contracting West Blue to implement the Single Window and Risk Management System project at the country’s ports.
The Court contended that the applicant failed to show any cause of action for which he sought the application.
Aside, there was no proof that West Blue Ghana Limited had been awarded any contract by the government to carry out any work on its behalf.
It described the application as premature and something that preempted the project.
Djan had prayed to the Court to place an injunction on the Minister of Trade and Industry, the Minister of Finance, the Commissioner-General of the Ghana Revenue Authority (GRA), the Attorney-General and Minister of Justice and their agents from engaging West Blue as the sole company for the implementation.
According to him, he and others will be denied the opportunity to bid for the contract if government went ahead to sole-source the contract, an action he said amounted to the abuse of his rights.
The Attorney-General argued that Djan had failed to demonstrate how his rights had been abused.
However, a document sighted by Kasapafmonline.com dated July 30, 2015 and addressed to the Chief of Staff by the Commissioner General, Ghana Revenue Authority (Customs Division) stated otherwise.
The document headlined ‘TAKE OVER ARRANGEMENTS’ in part read “As part of preparation towards the final take-over of Classification, Valuation and Risk Management functions from the Destination Companies, the following arrangements have been agreed on at a meeting held at the Ministry of Finance with West Blue and GCNet participating:
I. Effective 1st September 2015 all imports through the frontiers, air and sea ports will be processed by Ghana Customs through Pre-Arrival Assessment Report System (PAARS) for the issuance of Customs Classification and Valuation Report (CCVR), which replaces the Final Classification and Valuation Report (FCVR).
II. All active FCVRs (under processing and unutilized) will however be allowed in the current Destination Inspection System for the next thirty (30) days ending 2nd October 2015.
III. Ghana Community Network (GCNet) will cease transmission and receipt of completed FCVRs from DICs t the end of the grace period in October.
IV. Test run of the Software will start on 9th August 2015.
(a) GCNet and West Blue are to make available their systems for this test run
(b) Freight Forwarders are to submit dummy documents for test runs alongside the DIC system
(c) The Shipping and Allied Companies are also to lodge their documents into the PAARS
V. A new import guidelines will be published for the attention of the general public.
VI. General Public communication using all media outlets will start from 3rd August2015.
With this new evidence, Michael Djan and his Counsel, Alexander Afenyo-Markin, this website is informed will be refilling the case at the Court on Wednesday, August 5, 2015, for redress.
The Plaintiff is accusing the Attorney-General for lying and misleading the Court to pronounce judgment in the favour.