Audio By Carbonatix
A procedural error on the part of the National Petroleum Authority has forced the adjournment of a case between the authority and the civil society group, Development Data.
The court hearing the case was set to rule on a motion filed by the NPA, seeking to overturn a default ruling that ordered the authority to reduce fuel prices and publicly disclose the full amount realized from the illegal pricing of fuel since June 2009.
In court Monday, counsel for Development Data, Alexander Amoah, drew Judge Patrick Baayeh’s attention to the procedural error committed by the NPA.
Mr. Amoah later explained to Joy News that once the NPA had not filed entry of appearance, the earlier judgement entered by the court against the NPA was void. “When we say entry of appearance, all that it means is that when a writ has been served on you, you file something to let the court know that ‘yes I have been served this document, and I am ready to come and face whoever is my adversary in court’, that is the first step you take, and then 14 days thereafter you file your statement of defence if any.
“But what we are saying is that the court must not set aside the default judgement because [if it does and the NPA brings] a defence and that defence is sham, the judgement must stay,” he stated.
He said the NPA admitted that it instructed the oil marketing companies to deduct monies labeled as Ex-Refinery Differentials, and questioned whether the Authority had the power to do so.
Counsel for the NPA, Dominic Ayine told Joy News the procedural defects will be duly corrected for the case to proceed on August 16.
He said the money collected by the NPA was being properly utilized in some sectors of the economy, rejecting suggestions that the defence deliberately failed to file their statement of defence in order to stall the process.
Play the attached audio and listen to the two lawyers making their case on Joy News.
Source: Joy News
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