Kma Boss Faces Court
8/31/2009 1:01:41 PM -
The internal politics that has engulfed the Kumasi Metropolitan Assembly (KMA) since the inception of the National democratic Congress (NDC) government in January, 2009, has taken a new twist as some anomalies at the Assembly are billed for the courts.
Two Assemblymen have dragged the Chief Executive, Samuel Sarpong, to court for what they see as illegal decisions that he has taken since his assumption of office.
According to a motion filed at the Kumasi High Court by the Assemblymen, Yusif Gibril and Thomas Ekow Sackey (members for Asawase 7UP and Asem Electoral Areas respectively), the KMA Boss had violated the laws of Ghana and the Local Government Act by sidelining the general Assembly in his decisions.
The motion, filed by Francis Kofie Esq of Obeng Manu Chambers; a Kumasi-based law firm, prayed the court for a review in the nature of a certiorari to quash the unilateral decisions of the CEO in terminating the Assembly's contract with Freko F.D. Enterprise; managers of the Kejetia Bus Terminal.
It further requested for an order of mandamus compelling Hon. Sarpong, the respondent, to submit all contracts to the KMA General Assembly for consideration and unanimous resolution.
The motion prayed the court for an order in the nature of injunction restraining the respondent from acting upon a tender invitation that was published in the media in respect of management of the Kejetia Bus Terminal and to respect all existing contracts of the Assembly.
In a 29-point affidavit, the two Assemblymen recalled that the Assembly had on 26th February, 2007, adopted a sessional address by the previous Chief Executive Officer, which announced the appointment of a sub-committee to evaluate the performance of Freko F.D. Enterprise at Kejetia.
The affidavit noted that even though the report of the Performance Appraisal Committee was ready, it was not presented to the General Assembly rather the current Chief Executive of KMA decided to take a unilateral decision on the matter.
'The publication of advertisement for National Competitive Tender at the instance of the respondent in his capacity as CEO without prior compliance with the resolutions of the General Assembly to cancel existing contracts is tantamount to a unilateral consideration, review and decision on the said contract. The respondent is blatantly contradicting the adopted resolutions of the Assembly as well as usurpation of the legislative and statutory functions of the Assembly,' it stated.
Further, the affidavit noted: 'The conduct of the respondent not only flouts the law, due process and constitutes injury to the interest of the general public, but is also an affront to the integrity of the Assembly.'
The applicants revealed that the CEO's action could occasion a repetition of fraud on the general public and prospective interested contractors, who might be inveigled to incur huge financial expenses through adverts without the requisite authorization.
They recalled that the intended termination of the Kejetia Bus Terminal had for the past months generated rumpus in the entire Metropolis.
Not only did residents and Assembly members fume at what they saw as an illegal venture and blunt politicization of the assembly, but cleaners in Kumasi also complained that several of them could possibly lose their jobs, contrary to the government's promise of creating more jobs for the people.
They therefore appealed to President John Evans Atta Mills to advice Mr. Sarpong to refrain from further violations of the constitution.
Reliable information gathered by this paper indicate that billions of cedis had been invested into the operations of the terminus.