Dafeamekpor sues government over Agenda 111 projects, insists contracts were sole-sourced

The legislative member for the South Dayi constituency has in his capacity as a citizen of Ghana sued the government over the Agenda 111 hospital projects.

In a suit brought against the Akufo-Addo government, Mr. Rockson-Nelson Dafeamekpor has accused the government of sole-sourcing the project design to Ghanaian-British architect, Adjaye and Associates. The government has also awarded the insurance component of the project to iRisk Management Limited and Enterprise Insurance.

The Agenda 111 project is the Akufo-Addo government led initiative that aims to build 111 hospitals across the various districts and regions in Ghana.

Mr. Dafeamekpor has however insisted that the government overlooked the processes set in law according to the Public Procurement Act, 2003 (Act 663).

The writ further reveals accusations from the plaintiff, indicating that despite sending out announcements for competitive bids, the government did not open bids for other members of the Chartered Institute of Architects to bid for the contract.

“The Plaintiff says that reasonable alternatives exist and such similar architectural companies should have been given the opportunity to bid and submit tenders to work on Agenda 111 to provide competition and value for money.”

He has also averred that the government did not satisfy the conditions and requirements set under Section 38 of the Public Procurement Act, 2003 (Act 663) when it awarded the insurance contracts to iRisk Management Limited and Enterprise Insurance.

“The Plaintiff says that the need for an insurance brokerage firm and an insurance company to the Agenda 111 project could not be classified as an ‘urgent need for services’ and as such could not form a basis for sole sourcing.”

“The Plaintiff says that the failure of the Defendant [government] to announce and call for invitation to bid for the insurance brokerage contract and the insurance company constitutes a breach of Article 36(2)(b) of the 1992 constitution.”

Below are the reliefs sought by Dafeamekpor:

1. A declaration that the Defendant’s failure to award the contract for the design of the hospitals forming the Agenda 111 by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

2. A declaration that the Defendant’s failure to award the contract for the design of the hospitals forming the Agenda 111 by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

3. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the contract to Adjaye and Associates is in contravention of Article 36(2)(c) of the 1992 Constitution.

4. An order directed at the Government of Ghana to terminate the building design contract with Adjaye and Associates.

5. An order directing the Defendant to engage in a competitive two-stage tendering procurement process in order to award the contract as provided under Sections 35 and 36 of the Public Procurement Act, 2003 (Act 663).

6. An order that the Thirty-Six million Ghana Cedis (GHC36,000,000.00) advanced to Adjaye and Associates as payment for consultancy fees for the design, Project management and coordination under the building design contract be refunded to the State.

7. A declaration that the Defendant’s failure to award the contract for the insurance brokerage of the Agenda 111 project by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

8. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance brokerage contract to iRisk Management Limited renders the award null, void and of no effect.

9. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance brokerage contract to iRisk Management Limited is in contravention of Article 36(2)(c) of the 1992 Constitution.

10. An order directed at the Government of Ghana to terminate the insurance brokerage contract with iRisk Management Limited.

11. An order directing the Government of Ghana to engage in a competitive two[1]stage tendering procurement process in order to award the insurance brokerage contract as provided under Sections 35 and 36 of the Public Procurement Act, 2003 (Act 663).

12. An order that all moneys advanced to iRisk Management Limited as payment for fees under the insurance brokerage contract be refunded to the State.

13. An order directing the Defendant to charge and prosecute the Minister of Health and all officials involved in the unlawful award of the insurance brokerage contract to iRisk Management Limited for causing financial loss to the State under Section 179A of the Criminal Offences Act, 1960, Act 29.

14. A declaration that the Defendant’s failure to award the insurance contract of the Agenda 111 project by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

15. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance contract to Enterprise life Insurance Company renders the award null, void and of no effect.

16. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance contract to Enterprise Life Insurance Company is in contravention of Article 36(2)(c) of the 1992 Constitution.

17. An order directed at the Government of Ghana to terminate the insurance contract with Enterprise Life Insurance Company.

18. An order directing the Government of Ghana to engage in a competitive two[1]stage tendering procurement process in order to award the insurance contract as provided under Sections 35 and 36 of the Public Procurement Act, 2003 (Act 663).

19. An order that all moneys advanced to Enterprise Life Insurance Company as payment for fees under the insurance contract be refunded to the State. t. An order directing the Defendant to charge and prosecute the Minister of Health and all officials involved in the unlawful award of the insurance contract to Enterprise Life Insurance Company for causing financial loss to the State under Section 179A of the Criminal Offences Act, 1960, Act 29.