A whistleblower, Joe Nyame has filed an application at an Accra Commercial Court seeking an audit of the Ghana Community Network Service (GCNet) systems.
Mr. Nyame, the plaintiff, is also seeking a court order to restrain two government institutions from entering into any contract with GCNet.
Mr. Nyame filed the new process asking for an audit of GCNet’s system through his counsel Oliver Ababa at the court, presided over by Justice Gertrude Torkornoo.
The plaintiff, who suspects malpractice at the revenue collection agency, in his earlier application, prayed the court to order the Attorney-General “to investigate certain officials of the GCNet who he claimed manipulated the system for their personal benefit.
Hearing of the new application, which is yet to be served on the defendants in the case such as Ministry of Trade and Industry, Ghana Revenue Authority and the Attorney-General, was adjourned to April 25.
The trial judge who is to deliver a ruling on the interlocutory injunction, indicated that she would do so after hearing the application for the audit.
On Wednesday, April 17, 2013, lawyer for the plaintiff, Oliver Adaba moved the motion for the injunction, praying the court to restrain GCNet from interfering with severs under their control as a preventive measure to stop the company from concealing information.
According to the lawyer, when the plaintiff got information that there were malpractices at GCNet, he made a report to GRA and an investigation was conducted but although the culprits were identified, no action was brought against them.
He observed that so far as the culprits are still in charge, the activity will persist.
Nii Acquaye Bruce Thompson, counsel for GCNet, on the other hand, challenged the locus of the applicant as a whistleblower to bring the case to a High court, arguing that this was not the proper forum and that he should have gone to Commission on Human Rights and Administrative Justice (CHRAJ) as stipulated in the Whistle Blower’s Act to make a case.
Mr. Bruce Thompson disclosed that Customs investigated an allegation made against one Ansah, a worker of GCNet and a report was submitted to the Attorney-General.
The report, he stated, absolved GCNet of any wrongdoing and therefore wondered why the plaintiff is seeking the injunction against GCNet and not the worker.
Mr. Thompson has since provided the court with two reports and recommendations from Ghana Revenue Authority (GRA) and National Information Technology Agency (NITA), which according to him absolved GCNet from any malpractices.
The lawyers for GRA and the state attorney, who represented the Ministry of Trade and the AG, called on the court to dismiss the motion.
By Mary Anane