South-Dayi MP Rockson-Nelson Dafeamekpor has sued government over the auction of cars belonging to the Kumasi Technical University.
He contends 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
The MP says 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.
The vehicles are said to have been sold through a Public Auction on the 22nd of December, 2020. The sales totaled an amount of GH¢55,900.
Ownership of the vehicles, the MP says has been transferred to the purchasers.
The MP through his lawyers led by Nii Kpakpo Samoa Addo argues that the proper authority to authorize and approve the disposal of the said vehicles is the Minister of Education in consultation with the Board pursuant to Section 83 of the Public Procurement Act, 2003 (Act 663) and not the Chief of Staff.
The said auction he says is therefore unlawful and contrary to Section 83 of the Public Procurement Act, 2003 (Act 663).
He is seeking the following reliefs:
a. A declaration that the Chief of Staff has no authority to approve the disposal of the nine (9) vehicles in the possession of the Kumasi Technical University by auction sale.
b. A declaration that the auction sale conducted on the 22nd of December, 2020 at the Kumasi Technical University was unlawful as the approval to dispose of the vehicles was contrary to Section 83 of the Public Procurement Act, 2003 (Act 663)
c. A declaration that the auction sale conducted on the 22nd of December, 2020 at the Kumasi Technical University is null and void as the approval to dispose of the vehicles was contrary to Section 83 of the Public Procurement Act, 2003 (Act 663)
d. A declaration that no valid title has passed to the various purchasers at the auction sale conducted on the 22nd of December, 2020 at the Kumasi Technical University as the auction sale was done contrary to to Section 83 of the Public Procurement Act, 2003 (Act 663
e. An order directing the Government of Ghana to reverse the auction sale and the ownership in the vehicles conducted on the 22nd of December, 2020 at the Kumasi Technical University.
f. Costs including legal fees.
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