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Occupy Ghana sues AG for Smarttys documents.

OG sues Attorney-General for Smarttys documents
IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT OF JUSTICE
(HUMAN RIGHTS DIVISION)
ACCRA, GHANA
A. D. 2016
SUIT NUMBER: HR/0026/2016
IN THE MATTER OF ARTICLES 21 AND 33(5) OF THE CONSTITUTION
AND IN THE MATTER OF AN APPLICATION FOR THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS UNDER ARTICLE 33 OF THE FOURTH REPUBLICAN CONSTITUTION AND ORDER 67 OF THE HIGH COURT (CIVIL PROCEDURE) RULES, 2004 (C. I. 47)
OCCUPYGHANA
6/22 1st Tetteh Kwei Street
Dzorwulu
Accra
1st Applicant
AND
SYDNEY CASELY-HAYFORD
26 McCarthy Hill
Ga South
Accra
2nd Applicant
VERSUS
THE ATTORNEY-GENERAL
Ministry of Justice &
Attorney-General’s Department
Accra
Respondent
ORIGINATING NOTICE OF MOTION FOR THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS
[Constitution, Article 33; High Court (Civil Procedure) Rules, Order 67] TAKE NOTICE that counsel for and on behalf of the Applicants herein will move this Honourable Court on the grounds contained in the accompanying affidavit, for the following reliefs or orders:
1. A Declaration that the Applicants have a fundamental human right under Article 21(1)(f) of the Constitution to all the information relating to a transaction or transactions between the Ministry of Transport (“Ministry”) and Smarttys Management & Productions Ltd. (“Smarttys”) to spray and/or brand any buses (“Transaction”), specifically all letters, emails, documents and other information relating to:
a. Any request(s) from/by the Ministry to Smarttys to solicit interest in, and/or to request a quotation for, the Transaction,
Any response(s) from Smarttys to the Ministry, giving quotations for the Transaction,
b. Any other correspondence between Smarttys and the Ministry relating to and/or concerning the Transaction, particularly before 8th July 2015,
c. Whether at any time relevant to the Transaction, the Ministry wrote to request for quotations from any other companies or entities (apart from Smarttys), whether in or outside Ghana, for the spraying and/or branding of the buses,
d. Whether at any time relevant to the Transaction, the Ministry received any quotations from any other companies or entities (apart from Smarttys), whether in our outside Ghana, for the spraying and/or branding of buses,
e. The public procurement procedure the Ministry adopted in selecting Smarttys, all requests from the Ministry to the Public Procurement Authority (“PPA”) for approvals in respect of the Transaction,
f. Whether the Ministry received written approval from the PPA for the procurement of services from Smarttys in respect of the Transaction,
g. Whether after the approval of the PPA was obtained, the Ministry communicated that approval of the Transaction in writing to Smarttys,
h. Whether the Ministry and Smarttys executed a contract or other agreement in respect of the Transaction, and/or any pre-contract or pre-execution transactional documents, including memoranda of understanding,
Whether the Metro Mass Transit Ltd. (“MMT”) was paid any monies for the branding of the buses under the Transaction,
i. Details of the date on, or circumstances under, which the buses were surrendered to Smarttys for the purpose of spraying and/or branding, and the date on which the branding work was completed,
j. Any and all request(s) from the Ministry to the Ministry of Finance for the release of funds for payment to Smarttys for the Transaction,
k. Any and all responses to the request(s) for release of funds for payment to Smarttys for the transaction, received from the Ministry of Finance, including all approval(s) in writing to any such request(s), particularly disclosing the source of funds to be used to pay for the Transaction,
l. How (and into which bank accounts) payments were made to Smarttys, and when, and for each payment copies of the following:
i. Request for payment by the Ministry,
Release letter from the Ministry of Finance,
ii. Controller and Accountant-General’s letter to the Bank of Ghana for payment, and
iii. Payment advice from Bank of Ghana, any/or
iv. Any payment vouchers issued,
m. Any taxes paid or withheld, as the case may be, particularly with respect to withholding tax, value added tax and the national health insurance levy,
n. The report prepared by the Respondent and submitted to the Chief of Staff on or around 23rd December 2015, and
o. Any agreements, contracts or understandings arrived at or reached between the Respondent and Smarttys leading to the agreement reducing the amount to be refunded by Smarttys from GH¢1,949,124.26 to GH¢1,548,608.04;
2. A Declaration that the decision of the Respondent not to provide the documents and other information listed under Relief 1 above to the Applicants is a breach of the Applicants’ fundamental rights under article 21(1)(f) of the Constitution;
3. A Declaration that the Applicants’ fundamental right to the documents and other information listed under Relief 1 is not covered, affected or limited by any applicable, legal qualification or privilege;
4. An Order directed at the Respondent to forthwith, supply to the Applicants all the documents and other information listed under Relief 1 above; and
5. Any further or other orders that the court may deem fit and necessary.
Court to be moved on the day of 2016, at 9:00am in the forenoon or so soon thereafter as the counsel for the Applicants may be heard. [Date yet to be fixed] Full Name & Address of Persons Directly Affected
The Minister of Justice & Attorney-General
Ministry of Justice & Attorney-General Department
Accra
The Minister of Transport
Ministry of Transport
Accra
Dated in Accra this 17th day of February, 2016.
Lawyer for the Applicants
Egbert Faibille Jnr.
Faibille & Faibille
Awo Gbeke House
(Dan Morton Tailors Building)
Asylum Down
Accra
And to:
The Minister of Justice & Attorney-General
Ministry of Justice & Attorney-General Department
Accra
The Minister of Transport
Ministry of Transport
Accra

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