Justice L.L Mensah has fixed June 6, 2014, to rule on a suit brought against the state by youth activist of the New Patriotic Party (NPP), Richard Nyamah.
Richard Nyamah filed an ex parte motion for an order of mandamus praying the Accra Fast Track High Court to compel the Ministry of Finance and Economic Planning (MOFEP) to defray its accumulated debt owed the Ghana Education Trust Fund (GETFund).
The Attorney General’s Department, in response, filed an affidavit in opposition challenging Richard Nyamah’s locus.
Attached to the response from the Attorney General’s Department was a copy of a document to prove that the Ministry of Finance and Economic Planning had, from January to July, 2013, paid almost GH¢400 million into the GETFund account.
The GETFund is in arrears of several months with students on scholarship not able to pay their school fees and other services.
Richard Nyamah’s counsel, Shean Poku detected that the response of the Attorney General’s Department was not signed by a Commissioner of Oath.
Justice Mensah accordingly directed the Attorney General’s Department to do the right thing.
On Tuesday May 13, 2014, Richard Nyamah’s counsel said his client was seeking to ensure that the machinery of public administration functioned properly.
The A-G’s Department insisted Richard Nyamah had no capacity to sue the state for which reason his motion should be dismissed.