North Tongu Member of Parliament, Samuel Okudzeto Ablakwa has disclosed that the Attorney General, Godfred Dame, has so far issued three legal opinions in favour of Gabby Asare Otchere-Darko.
The advice is in support of claims being made by Gabby's law firm, Africa Legal Associates (ALA) as it seeks to exact an amount of GH¢187m from the government for West Blue, a company previously contracted by the John Dramani Mahama government for port services.
Ablakwa in his latest investigative publication titled: "Kitchen scandal" cited how Gabby who had in 2015 sternly opposed the West Blue deal, had years on become lawyer for the company and was seeking damages for the company in respect of a contract that the current government varied after coming into office.
He wrote of the Gabby - Godfred engagements: "Curiously, Gabby has not only surreptitiously departed from the position the NPP canvassed publicly and vehemently in opposition and in government, he has managed to get the Attorney-General and Minister for Justice, Godfred Yeboah Dame to strongly agree with him.
"Suddenly, to Gabby who may have transmogrified from Saul to Paul — contrary to the claims they made in opposition, the West Blue contract is no longer over priced due to sole sourcing; basically, it’s no longer a ripoff.
"Now Gabby actually suggests that President Mahama’s government did not pay West Blue fully and fairly — wonders they say will never end!
"In an unusual development, the Attorney-General has issued three pro-Gabby legal opinions on this matter," Ablakwa alleged.
He accused Dame of issuing these opinions irregularly stating that the 16th December, 2022 advice in particular was without recourse to "inputs from the Ministry of Finance and the Ghana Revenue Authority as both institutions had not submitted their written arguments."
"Gabby and Godfred now state emphatically that despite the fact that the value-for-money condition precedent was not met, the contract is still valid. The duo have also questioned the post value-for-money contract downward revisions and are insisting that the colossal West Blue demands are met," he added.
He made six demands of president Nana Addo Dankwa Akufo-Addo asking him among others to ensure that no funds are advanced to Gabby's request.
What Ablakwa rote about Ganny and Godfred: DOUBLE STANDARDS AND BETRAYAL
Despite the NPP’s firm public opposition to the West Blue contract and termination of same, President Akufo-Addo’s cousin and grand master of his “Kitchen Cabinet,” Gabby Otchere-Darko has strangely become the chief advocate and super strategist for West Blue.
Gabby’s law firm, Africa Legal Associates (see articles of incorporation attached) now represent West Blue. Who would have predicted this considering the political tsunami Gabby and his collaborators created for President Mahama a few years ago in the aftermath of the West Blue contract?
Curiously, Gabby has not only surreptitiously departed from the position the NPP canvassed publicly and vehemently in opposition and in government, he has managed to get the Attorney-General and Minister for Justice, Godfred Yeboah Dame to strongly agree with him.
Suddenly, to Gabby who may have transmogrified from Saul to Paul — contrary to the claims they made in opposition, the West Blue contract is no longer over priced due to sole sourcing; basically, it’s no longer a ripoff.
Now Gabby actually suggests that President Mahama’s government did not pay West Blue fully and fairly — wonders they say will never end!
In an unusual development, the Attorney-General has issued three pro-Gabby legal opinions on this matter.
What is even more worrying about the AG’s latest legal opinion dated 16th December, 2022 is that it failed to take into consideration inputs from the Ministry of Finance and the Ghana Revenue Authority as both institutions had not submitted their written arguments. (Legal opinion attached)
Gabby and Godfred now state emphatically that despite the fact that the value-for-money condition precedent was not met, the contract is still valid.
The duo have also questioned the post value-for-money contract downward revisions and are insisting that the colossal West Blue demands are met.
These Gabby-Godfred positions run contrary to what the Finance Ministry had earlier communicated to West Blue through former Deputy Minister of Finance, Mr. Kwaku Kwarteng on January 25, 2018 which the latter accepted in writing. (See letters attached)
Interestingly, the previous lawyer for West Blue, Mr. Ace Anan Ankumah wrote to the Ministry of Finance on March 10, 2020 proffering a different opinion from Gabby and Godfred although it related to a proposed market value audit when he asserted: “As you are aware, the written agreement dated 4 August 2015 that West Blue entered into with the Government of Ghana, acting through the Ministry of Finance and the Ghana Revenue Authority, for a National Single Window System and an Integrated Risk Management System ("Agreement") did not come into effect as the conditions precedent for the agreement to become effective were not fulfilled. An agreement that did not become effective cannot be used as a basis for the market value audit.” (See letter attached)
Is the Attorney-General suggesting the Finance Ministry and the GRA did not seek his legal advice when they were declaring the August 4, 2015 West Blue contract ineffective?
Why is Gabby and Godfred happy to impose this huge financial burden on Ghanaians when West Blue had earlier accepted in writing the “new understandings” which substantially protect the public purse? What could be their motivation?
Does Godfred Dame recognize that by issuing his one-sided legal opinion without the inputs of Finance and GRA as he concedes, he has undermined the position of the state should Gabby decide to proceed to court? Is this a conspiracy to cause financial loss to Ghana?
That notwithstanding, I must point out that even though Gabby Otchere-Darko doesn’t state his name in all his letters for this frightening GHS187.3million West Blue demand, I can confirm that he is the one signing the letters as I have obtained his GRA Taxpayer Registration Form which bears the same signature. (See attached).
What is increasingly troubling is the shifting position of the Ministry of Finance to align with Gabby. Insiders say Ministry officials are terrified as the “Prime Minister’s” pressure mounts. Already, it is suspected in several quarters that the former Chief Director of the Ministry of Finance, Mr. Patrick Nomo was transferred because he wasn’t cooperating on this matter.
The new Chief Director and Ken Ofori-Atta staunch ally Eva Esselba Mends seems more amenable and is piling pressure on GRA to respond to Gabby’s 6-week ultimatum for payment to be effected. (See her 30th June, 2023 letter to GRA attached).
Analysts agree that Eva won’t be writing those letters to GRA if she didn’t have Ken’s approval.
Also, Ken’s cousin Gabby won’t be getting bolder and bolder with his threats and ultimatums if the family had a genuine objection. A really complex nepotistic web.
By some sheer coincidence, Gabby’s 6-week ultimatum letter for payment of the colossal GHS187.3million is dated May 3, 2023 — the same month Ghana received US$603million from the IMF.
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