Waste management firm, Zoomlion Ghana Limited has hinted of appealing a High Court case it lost against the office of the Auditor-General.
The Auditor-General had disallowed and surcharged the company for monies paid it for fumigation purposes by the National Health Insurance Authority (NHIA).
When the office of the Auditor-General announced its action in 2019, the sanitation company went to court to argue that the payment it received was for work that it had carried out.
Also, the company said the payments were authorised by state officials and so, it did no wrong it taking its claims in respect of the contract.
However, the Auditor-General, relying on pieces of evidence including a number of contracts that had the same or similar services, said it was unjustifiable to charge the state for providing the same or similar service the company is already being paid for.
The court agreed with the Auditor-General and sustained the disallowance and surcharge of over GH¢184million.
Reacting to the ruling in a communique, the company said: “Much as Zoomlion welcomes the decision, it should be noted that the company is clothed with the right to seek a review of the High Court decision and will proceed to take steps it deems fit based on the counsel of its lawyers upon studying the ruling.”
Read Zoomlion’s full reaction below.
Zoomlion Ghana Limited has noted with interest, the decision of the High Court in Accra-dismissing an appeal, initiated at the instance of the waste management firm challenging the validity of surcharges imposed on it by the Auditor General.
The surcharges were applied following an audit of a contract executed by Zoomlion for the Ministry of Health. Although Zoomlion has always maintained that the Auditor General’s position was ill-suited when measured against the actual circumstances of the contract, the High Court thought otherwise and decided against Zoomlion.
It is noteworthy that no reasons were immediately assigned by the Court for its ruling save to indicate that the facts will be captured in detailed decision.
Much as Zoomlion welcomes the decision, it should be noted that the company is clothed with the right to seek a review of the High Court decision and will proceed to take steps it deems fit based on the counsel of its Lawyers upon studying the ruling.
Zoomlion assures the public especially its stakeholders that the Company’s commitment to excellence in service delivery, transparency in its operations and regards for regulatory authorities and the law remains firm.
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