West Blue Ghana sues GRA over NSW contract
West Blue Ghana entered into a five-year contract with the government of Ghana on August 4, 2015, to offer technical services to facilitate the efficient clearing of cargo through the sea and airports.
IT consulting firm, West Blue Ghana Limited has sued the Attorney General and the Ghana Revenue Authority (GRA), seeking to recover arrears it claims the government owes it under the National Single Window and Integrated Risk Management System, known as the NSW contract.
West Blue Ghana entered into a five-year contract with the government of Ghana on August 4, 2015, to offer technical services to facilitate the efficient clearing of cargo through the sea and airports.
In its suit filed yesterday at the Accra High Court (Commercial Division), West Blue said as consideration for providing the services under the NSW contract, the GRA and Ministry of Finance were required to pay it a contract price - a fee equivalent of 0.35 percent of the final invoice CIF value of import consignments entering Ghana through the seaports, airports and land borders from time to time.
However, they allege in their suit that in the course of delivering the services under the NSW contract, the government unilaterally terminated it contract in 2018, and also retrospectively revised the contract price from 0.35% of the final invoice CIF value of import consignments to 0.28%.
“Plaintiff states that it did not object to the downward revision of the contract price of 0.35% of the final invoice CIF value of import consignments to 0.28% of the final invoice CIF value of import consignments, following a value for money audit conducted on the NSW contract when the revision was communicated to the Plaintiff,” the suit said.
They note further in their suit that the government further re-engaged them in 2019 to offer the same services at a contract fee of 0.28% of the final invoice CIF value of import consignments. But they say that contract was also terminated in May 2020, and that the government failed to make full payment of the service fees.
They maintain that since that time, there have been unsuccessful attempts to have the government pay its outstanding fees.
The company seeks the recovery of GH¢149,357,692.71 as outstanding fees for services rendered from September 2015 to September 2017. This is based on an applicable rate of 0.35 per cent of the final invoice value of import consignments entering Ghana through seaports, airports, and land borders.
Additionally, West Blue aims to recover GH¢76,097,917.58 for services provided from October 2017 to December 31, 2018, and GH¢64,092,215.07 for services rendered from January 1, 2019, to May 2020.
The company also seeks the recovery of equipment procured for obligations under the NSW contract and additional services rendered during the specified period.
