AN ACCRA Fast Track High Court yesterday set June 25 for ruling on a suit brought against the State by a youth activist of the opposition New Patriotic Party (NPP), Richard Nyamah.
The fixing of the date was necessitated by the inability of Justice L.L. Mensah to read the ruling on the matter because he said he was unwell, adding that by the adjourned date, he might have fully recovered from his illness.
It may be recalled that Nyamah filed an exparte motion of order of mandamus praying the 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 Nyamah’s locus.
Attached to the Attorney General’s response was the 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.
Sean Poku, counsel for Nyamah, detected that the Attorney General’s response was not signed by a Commissioner of Oath.
The trial Judge, accordingly directed the Attorney General’s Department to do the right thing.
Earlier, Mr. Nyamah’s counsel had said that his client was seeking to ensure that the machinery of public administration functioned properly.
But the Attorney General’s Department insisted that Mr. Nyamah had no capacity to sue the State, for which reason his motion should be dismissed.
BY Jeffrey De-Graft Johnson
Email: [email protected]
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