AESL dragged to court over failure to pay SSNIT contributions

An Accra District Court (SSNIT Court) sitting in the premises of the Fast Track Court has cited Architectural & Engineering Services Limited (AESL) and its Director of failure to pay Social Security Contributions of his workers running into millions of cedis.

The accused persons also failed to pay an accumulated penalty on the unpaid contributions, which led the Social Security and National Insurance Trust (SSNIT) of the Accra South Area to drag the director, Isaac Agyei Marfo and the company to court.

The accused have been charged with two accounts; Failure to pay Social Security Contribution contrary to Sections 83 (1) (d) (f) of the National Pensions Act, 2008 (Act 766) as amended by section 7 of the National Pensions Act (Amendment) Act,

2014 (Act 883);

And Failure to Pay Social Security Penalty contrary to Sections 83 (1) (d) (f) of the National Pensions Act, 2008 (Act 766) as amended by section 7 of the National Pensions Act (Amendment) Act, 2014 (Act 883)

At a scheduled Court hearing on Saturday 1st February 2020, Mr. Agyei Marfo explained to the Court that the government has failed to pay for executed contracts thereby putting the company in dire financial constraints.

He indicated that the company has also not been able to pay the salaries of its workers, which has led to its failure to settle the workers’ contributions to SSNIT.

He, therefore, pleaded with the Court for understanding and time to enable its settle debt to SSNIT.

The facts of the case as presented to the court by the prosecutor, Fred Antwi Boasiako, indicates that AESL a practicing professional group of Consulting architects, civil, structural, electrical and mechanical engineers, land and quantity surveyors, is covered by the Basic National Social Security Scheme under the National Pensions Act of 2008, Act 766.

Inspections, the facts indicate, conducted by officers of SSNIT on the establishment revealed that for the period August 2016 to October 2019, the company failed to pay social security contributions of an amount of GH¢1,463,752.63.

It indicated that the said amount and social security contributions paid after the 14th of the ensuing months attracted accumulated penalty of GH¢1,215,912.52 and bringing the total indebtedness of the accused person in Social Security Contributions and penalty to GH¢2,679,665.15.

A demand letter was therefore served on the accused notifying them of the obligation to settle their indebtedness to the Trust.

They, however, failed to oblige, which led to them being served with a criminal summons to appear in court to answer the charges preferred against them.

Meanwhile, the Trust has also dragged the Managing Director of Epospot Enterprise to Court for failure to provide documents relating to payroll information on employees.

According to the prosecution, in October 2019 SSNIT requested payroll information, salary vouchers, PAYE records, SSNIT contribution receipts and attendance records of employees.

The employer, however, failed to furnish the Trust with the said documents as required under Act 766 as amended by Act 883 to provide the same under request, which is an offense.

A criminal summons was thereby issued and served on the accused person to appear in court.