By Dominic Jale
Accomplished Canadian Fuel Marking Company GLOBAL Fluids International (GFI) has dragged the most unpopular name in Ghanaian petroleum dealings, Alex Mould and his National Petroleum Authority (NPA) to Court for what GFI terms, a lack of transparency and reckless abuse of the Public Procurement Act that has characterized the award of Ghana’s fuel marking contract.
In a suit filed on behalf of Global Fluids International by its legal team of Hayibor, Djarbeng, Danso & Co on February 22, 2013 the Company stated that, on October 31, 2011 the NPA put up a tender for its fuel marking programme. Interestingly, the plaintiff happened to be one of the three companies that responded to the tender.
The plaintiff contests that the tender document required the NPA to only make an award to a tenderer, whose bid should be substantially responsive. The plaintiff avers that clause 3.1 of the acceptableTender Document states that, the requirement and expectation of all procurement entities by the Government of Ghana is to ensure they adhere to the highest ethical standards.
Despite the established state norm of a high demonstration of the highest ethical standards in procurement, GFI reckons that the NPA threw ethically established procurement values to the dogs during the tender process, virtually re-writing the books to suit their own whims and caprices.
In view of the obvious anomaly the GFI is seeking a declaration in court on the grounds that, the defendant was neither fair nor tansparent as such, all the processes pursuant to the award of the contract was therefore in complete contradiction of the terms and conditions of the tender document, and the public procurement Act 2003 (Act 663).
Yet again the plaintiff is praying the Fast Track High Court to further declare that the GFI’s bid was the most responsive, which in effect meant the refusal of the defendant to award the contract to the plaintiff was unlawful.
Again, the Plaintiff is seeking an order directing NPA to annul the entire tender as well as all steps taken in accordance with the same, for its failure to comply with the terms of the Tender Document and the Public Procurement Act, 2003 (Act 663).
Accordingly, the plaintiff is demanding that “an order of perpetual injunction to restrain the defendant, its servants, agents or otherwise from implementing the Fuel Marking Programme pending a final determination of this matter and the cost, including legal fees on full indemnity basis”.
The plaintiff avers that, it submitted a bid which made the up-front cost of its product higher than the bid offered by its competitors in the tender process. Yet, given the stark superiority of the said product, the NPA should have assessed it as the lowest evaluated tenderer on the basis of the elements required to be considered by section 59(4) of the Public Procurement Act (Act 663), in particularly determining the lowest evaluation tenderer.
The plaintiff contends that the superiority of its fuel marking product is reflected in its characteristics, particularly as the Final Test Results are conducted on site. They hold that the feature is unique in the industry, as all other technologies have only an indicative result on site and therefore require a final confirmation from a central laboratory.
According to the plaintiff, its testing of the products is done in the presence of a station owner, which then culminates in the prevention of allegations of tampering with the samples already tested, particularly in the instances where the sample would have failed the test and incorrect sample procedure.
The Canadian company contends that in spite of the superiority of its product and its cost-effectiveness, NPA awarded the fuel marking project to Authentix on the basis of a tender that was not substantially responsive, and which materially deviated from the characteristics, terms, conditions and other requirements set out in the Tender Document. GFI says the action is therefore in direct violation of section 58 of the Public Procurement Act, 2003 (Act665) and clause 40.1 of the Tender Document.
GFI says the Authentix’s tender was not responsive because, their fuel markers are easily launderable by charcoal or clay, in a cheeky violation of the technical requirements under the Tender Document.
According to the plaintiff, the NPA did not read out the technical scores awarded to each tenderer in violation of section 6.10 of the Public Procurement Act, 2003 (ACT663) Manual, and section 15 of the Act. Again,the Plaintiff avers that Authentix’s financial submission was not responsive in that, it did not quote a three-year price as required by tender dictates.
The GFI contests that the NPA awarded the Fuel Marking Project to Authentix on the basis of a tender that had expired in violation of Clause 42.1 of the Tender Document. The Plaintiff states that the period of validity of a tender must be the period specified in the tender document, and in this case the Tender Document specifies that each tender must be valid for a period of not less than 120 days from the date of tender submission, that is, between November 23, 2011 and March 22, 2012.
The plaintiff reckons rather strongly that the NPA skewed the tender requirements and Cape Town Laboratory Testing in favour of Authentix, resulting in an unfair tender process. Plaintiff further reveals that the NPA refused to reveal the Cape Town Laboratory Testing report and was in effect in breach of undertaking to reveal the result, which was indicative of non-transparency. Yet again it was not in consonance with the high standards of ethical practice required by the binding Tender Document.
The plaintiff further holds that the NPA did not award the contract to the lowest evaluated tender as required under section 59 of Act 663 and Clause 40.1 of the Tender Document.
The plaintiff contests that upon receipt of a letter of notification of the award of the contract on November 9, 2012, it wrote to the defendant on November 30 and indicated its intention to contest the award, while asking the defendant to explain matters concerning the award but the NPA arrogantly ignored the said letter.
Consequently, the plaintiff’s key argument is that if indeed transparency and the procedural path were key ingredients in the tender bid, GFI’s tender was the most responsive and therefore it best merited the NPA ‘s Fuel Marking Project contract without question.
THE Ghanaian Sun
EOCO Investigates Kumasi SIC Boss
The Economic and Organized Crime (EOCO) is prying into the activities of Ms Lydia Lareba Bawa, Kumasi Area Manager of SIC Company over what insiders claim is gross mismanagement of her stewardship in the Company in that part of the region.
According to insiders, following a series of The Ghanaian Sun’s publication about some questionable deals involving Ms Bawa, EOCO reportedly took it upon itself to delve into the alleged happenings.
The paper gathered that in order to make its investigations formal, EOCO late last year wrote to the management of SIC Company inviting Ms Bawa to appear before it to answer charges over a huge pile of malfeasance that were uncovered right underneath her nose well within her purview.
Even though the paper could not lay claim to the outcome of the EOCO report, a source at the crime investigators indicated that EOCO has made a lot of inroads as far as their investigations into the activities of the beleaguered Ms. Bawa was concerned.
The Ghanaian Sun can report that ever since Mr. Ben Accolatse the former MD was fired from the hot seat, the Kumasi Area manager has hardly stayed at post in Kumasi, where the fortunes of the SIC Company has been dwindling.
“She is always spotted in Accra where she is been moving from one top man to another, all in the spirit of lobbying like nobody’s business for the MD postion”, a source told THE GHANAIAN SUN last week.
The paper has learnt that followed sharp decline of businesses of the Kumasi SIC branch in recent times, the board of directors and management only last month sent a powerful delegation from Accra to the Godforsaken place to salvage the company.
Our sources revealed that it was timely that a delegation was sent from Accra to Kumasi in that one client after another bear complained bitterly about the Area manager, whose actions and inactions have forced some major clients to withdraw their businesses from the SIC Company.
It would be recalled that some months back, the SIC board of directors engaged a consultant to conducted an interview for the MD post that has been up for grabs, even though there is an officer in an acting capacity.
Three staff namely Mrs. Doris Awo Nkani, DMD Technical who is also the Acting MD, Mr. Quaye Mensah Ashiedam the Re-Insurance guru in SIC Company was among the applicants and Ms. Lydia Lareba Bawa , Area Manager for Kumasi all applied for the position.
However the Board has kept Ghanaians and shareholders guessing and in limbo, as to who was picked as the best material for the job.
THE Ghanaian Sun
Kumuyi Tasks Politicians: Sow Righteous Seeds
Deeper Christian Life Ministry’s General Superintendent Pastor William Folorunsho Kumuyi
The General Superintendent of the Deeper Life Bible Church, Pastor William Kumuyi has challenged politicians to be more committed towards nation-building across all countries in Africa this very year.
Kumuyi made this known at a media conference at a just-concluded Deeper Life Bible Church Retreat.
The spiritual talk had been tagged ‘Highway to the Promised land’ and was attended by a mass of Christians from all walks of life deeply stewed in the Ministry of Christ Jesus.
According to him, past seasons were supposed to be a time of sober reflection and not a time for needless controversy. Expatiating, he said: "Our future wealth and health, our peace and prosperity depend on our collective willingness to repent and sow the seed of righteousness in our society."
While encouraging Africans to continue to put their hope and trust in God in the new year, he said: "We may continue to roam in the circle of underdevelopment if we do not uphold the truth, righteousness and honesty in all our dealings."
Kumuyi also observed that corruption has become a plague from which the continent desperately needs a cure. He said: "It has marred our democracy, stifled social service, scared foreign investors and tainted the nation’s image.
"We can only build the kind of future we want if we put the nation in order starting from our homes where the right values that makes up for a sane society are entrenched."
Kumuyi who fell short of dismissing prophetic claims, said such promises could only materialize this year ,"if our politicians stop the stealing and are ready to serve and the people willing to work and lead righteous lives."
Speaking on the topic "the futility of worldly accomplishments" in another programme, the highly-respected holiness preacher used Mathew 6: 33 to remind Christians of the utmost desire of God for mankind which is for them to make it through to the Heavenly kingdom at the close of the day.
Kumuyi said although prosperity is good, putting it in the right context is very imperative as God himself has promised to bless his people. He decried the inordinate quest for materialism; even in the church saying what counts in life is obeying God and leading a righteous life.
"What many teach now is believe it and receive it but all without righteousness and godly living is a deceit of the devil which will never draw unto us the blessing God desires for his children".
He stressed that God wants us to be useful and develop spiritual ambition that will impact on others. He said there is nothing wrong with teaching on prosperity but it behoves us to balance it with obedience and holiness in all our ways.
He asserted that God wants us to prosper in all ramifications of life, but such quest for materialism that does not glorify him is detestable.
THE Ghanaian Sun
Apostle Kadmiel On Vatican’s Baton Change
By Apostle Kadmiel H. E. Agbalenyoh (World Leader, Seventh Day Congregation Of Theocracy & Regular Columnist Of THE GHANAIAN SUN)
The most ancient, ideological and sophisticated religio-political institution, which has survived the tumultuous religious and political history is papacy. The largest single religious organization has influenced the religio-political world history.
Papal history began in the fourth century when Nicaea Council founded the Roman Christian church in AD 325. King Constantine could be crowned the first King and Pontiff of Roman Christian Church. He worked assiduously to establish Christianity in the pagan world, and was christened the ‘Friend of God’ and Defender of Christianity.
Papacy became the political power after fall of the Roman Kingdom from the fifth century AD. The romanised Christian institution was strong and powerful in religious and political affairs. In AD 380, King Theodosius had pagan religions abolished and replaced with the Roman Christian Religion. It must be understood that Roman Catholic Christianity has world legalization.
The Roman Christian Institution was rocked with doctrinal misunderstanding, which gave birth to the Greek Orthodox Catholic Church in the eleventh century. Although the Eastern Catholic Church had broken away from the West it pays the mother organization due homage.
The two Catholic Christian congregations jointly fought Islamic powers that had controlled Jerusalem region. Innocent bloods were shed by Christendom during the crusade wars, between 1095 and 1187. Between the twelfth and fifteenth century, Papal power grew so much that great kings bowed before the Pontiff.
The great Catholic Church was challenged by theologians and priests who claimed to have discovered the original biblical tradition. The wicked Inquisition was established to confront the hectic in the papal kingdom. Jews were expelled from most papal dominated European states and hundreds of thousands were massacred.
Under the cruel Inquisition, great preachers who opposed some traditional Church doctrines were burnt between the fourteenth and sixteenth century. Some victims were Peter Waldo, Peter of Bruis, John Wycliffe, John Huss and others. When Christendom was killing the saints that God pl agued Papal Kingdom with the Black Death disease, which slaughtered Europeans between 1347 and1390. The Black Death plague had fulfilled an end time predictions.
“And when he had opened the fourth seal, I heard the voice of the fourth beast say, come and see. And I looked, and behold a pale horse: and his name that sat on him was Death, and Hell followed with him. And power was given unto them over the fourth part of the earth, to kill with sword, and with hunger, and with death, and with the beasts of the earth” Rev 6:7-8.
The Reformation that almost destroyed catholicity of Europe occurred in the 16th century. This revolution fire was kindled by Priest Martin Luther and had established the Protestant Christian religion. The Catholic Church’s Counter Reformation worked hard to control the spread of Protestantism. In 1648 the Westphalia Concordant was signed to end the thirty years Catholic-Protestant religious war in Europe.
The powerful 16th century Reformation failed to restore the true biblical traditions which the Roman Christian Church abolished. Between AD 313 and 337, the Church replaced Saturday Sabbath (7th Day) with Sunday Mass (AD 321), replaced Christian Passover with fixed Easter and the feast of Tabernacles with Pagan December 25th Christmas.
The Roman Christian religions have promoted anti-Semitism under the auspices of Replacement Theology. She had claimed that God had replaced Mosaic and Messianic Judaism with the Gentile Christian religion. Thus Jews were persecuted for rejecting the apostate Christian worship. Many Jews were forcefully baptized by Christian ministers.
The French Revolution attacked the Papal Church between 1793 and AD 1798 and dethroned the Roman Pontiff who died 1799 in exile. The Church lost her political seat in 1870, which after 59 years, was restored by the Lateran Treaty that was signed between Vatican City and Italy in 1929. The restoration of Vatican State has fulfilled another great end time prophecy.
“And I saw one of his heads as it were wounded to death; and his deadly wound was healed: and all the world wondered after the beast” Revelation 13:3. “The beast that thou sawest was, and is not; and shall ascend out of the bottomless pit, and go into perdition: and they that dwell on the earth shall wonder, whose names were not written in the book of life from the foundation of the world, when they behold the beast that was, and is not, and yet is” Rev 17:8.
The Roman Christian Institution has played major religio- political role among the nations. She has directly and indirectly supported certain European warfare that had killed thousands. The wicked Nazi leader signed peace accord with Papacy before starting the Second World War.
The Second World War has brought new challenges to the religious and political world. In 1946 United Nations Organization was established to prevent future wars, protect citizenry of the world and promote world economy, the State of Israel was born in 1948, the World Council Churches was formed to bring Christian churches together in 1948, the reconstruction of Europe began in 1949 and integration of European state began in 1956.
The grandma of Christian religion thought of a strategic movement that could control the entire religious and political world. Thus in 1959 Pope John XXIII initiated the Second Vatican Council, which took off in 1962. Unfortunately, the ideological Pontiff demised on 3rd June, 1963. Pope Paul VI continues the strategic program after he was elected to the papal throne.
The Second Vatican Council accomplished its task in 1965 and produced most powerful religio-political Document. The Council had healed most religious and political wounds caused in history. The curse on the protestant Churches was revoked to pave way for Christian unity. Judaism, Islam, Hinduism, Buddhism, African Traditional religion and other ancient religions the Council had recognised.
Under the auspice of Pope John Paul II, the Roman Christian Church grew tall above all religious organizations. He has also brought political kingdoms under Vatican control. These powers are implementing Vatican’s socio-democratic policy. The communist power was destroyed by Vatican, America and Europe powers to pave way for Christianization of the communist world.
The 2000 United Nations Millennium Declaration could be ascribed to Papal Strategic World Plan. A careful study of UNMD agenda exposed abstracts from Vatican II Socio-Democratic World Document. The 15 Year Millennium Development Goals program was strategically fixed to coincide with Vatican Council II 50th year celebration in 2015. Most prophetic students believed that the time has arrived for the United Nations to transfer its authority to the European Papal Kingdom.
“And there are seven kings: five are fallen, and one is, and the other is not yet come; and when he cometh, he must continue a short space. And the beast that was, and is not, even he is the eighth, and is of the seven, and goeth into perdition” Rev 17:10-11.
The resignation of Pope Benedict XV has shocked many faithful Christian communities. Through both Pope John II and Pope Benedict XV, the world has become christened than ever. They have worked day and night to bring Christians and non Christian religions to the ecumenical dialogue altar, which did establish the Ecumenical Religious Organization.
They have also influenced the democratic powers and supported them to dethrone any governments that oppose the One World Democracy. The end time events requires active participatory. The aged Pope Paul XXIII, who began the Second Vatican in 1962 died in 1963 and was replaced with a strong philosophical pope.
Thus aged Pope Benedict XV also resigned in 2013, after celebrating 2012 Jubilee, which commemorated the commencement of the Second Vatican Council in 1962. His departure will enable a strong and active Pontiff that could accomplish Vatican’s Strategic World Plan be chosen to control world affairs after the year 2015 –Rev 13:8.
THE Ghanaian Sun
AN OPEN LETTER TO THE MEMBER OF PARLIAMENT, K.E.E.A.
February 22, 2013
Honourable Nana Ato Arthur
Member of Parliament, Komenda Edina Eguafo Abirem Constituency
Elmina
Honourable,
SHORTCHANGING THE PEOPLE OF KEEA BY YOUR ABSENCE
FROM IMPORTANT NATIONAL ASSIGNMENTS
On behalf of the people of the Komenda Edina Eguafo Abirem traditional areas, Municipality and Constituency, we, the KEEA BRANCH OF THE PROGRESSIVE MOVEMENT FOR A BETTER GHANA would want to extend our belated congratulations to you, for your victory in the parliamentary election conducted by the Electoral Commission in the area on the 7th December, 2012.
Much as we wish to assure you of the necessary support you might require in the performance of your assignments as our representative, we wish to similarly express our uttermost disgust at how your duty as our mouthpiece in parliament has started.
We think that, it is too early for you to forget that, the people of the Komenda Edina Eguafo Abirem Constituency voted for you to represent their interest in the august House of Parliament, and by extension, in all affairs of national interest.
Maybe, the people wanted to give you this opportunity to serve them after considering the fact that you have nursed this desire for a long time. This assertion stems from the fact that, we are aware that your eagerness to represent the People of KEEA started as far back as 2008 when you contested the parliamentary elections but lost the seat to Dr. Joseph Samuel Annan. This ambition urged you on to re-contest for the seat in 2012. The people therefore decided to give you the chance with 38.17% of the total votes cast. This goes to prove you are representing us although the greater percentage of the electorates still did not vote for you.
We wish to state that the people are critically monitoring your exploits and are gradually getting disappointed in your actions as our representative.
We have noted that, although you have started enjoying the benefits of the votes we cast for you, (you have received fifty thousand Ghana Cedis just for accommodation) you are always missing where it matters most for you to be seen as our representative.
It started on the 7th January, 2013 when you absented yourself (for whichever reason) from the inauguration of the President of the nation, His Excellency John Dramani Mahama. Our constituency was therefore not represented at that august ceremony.
We also became extremely happy when your name was mentioned as a member of the Appointment Committee responsible for vetting ministers to man the various ministries of the nation.
We have however noted with deep concern that you have failed to once again be part of this important national exercise on behalf of the constituents whom you are supposed to represent.
Our patience is running out because we have seen that your actions are deliberate. This is due to the fact you once again failed to represent us during the “State of the nation address” delivered by the President in parliament on the 21st February, 2013.
Your constituents are now wondering whether your desire and struggle to be in parliament over the years have not been driven by covetousness and selfishness rather than a genuine concern for the development of the area and the general welfare of your people.
It must be put on record that, ones desire to be a parliamentarian alone does not make him a parliamentarian. It takes the willingness of the generality of the constituents to vote for one that results in him/her becoming a parliamentarian. This willingness or mandate is expressed in their votes.
It is for this reason that we want to remind you that, your being in parliament has been made possible because the people in the constituency want a representation in the highest decision making House of the country for their voices to be heard and their problems resolved.
It does not lie within your discretion to select which events you choose to attend and which ones you do not wish to attend on behalf of KEEA. You must remind yourself of the fact that, the people have mandated you to represent the constituency AT ALL national events for their benefit. If you are not ready, please let your constituents know.
You should know that we voted for you to collaborate with other stakeholders to solve the myriad of problems plaguing our constituency.
We want to inform you that if this attitude should continue, you will miss several opportunities to get in contact with very important stakeholders and collaborators who can help to resolve our problems.
In the “State of the nation address” delivered by the President, it was announced categorically that the defunct Komenda Sugar Factory which was once the major economic and industrial enterprise in the constituency was in the process of being revived to give employment to the youth and the people in the area and the nation as a whole. You were absent from this very refreshing news which would benefit your poor people.
If you as our Member of Parliament refused(either intentionally or not) to be part of the forum to announce this major boost to the economic fortunes of your people, what moral justification can you muster to lobby and collaborate with the “powers that be” to expedite action for such a laudable project to be completed?
If you have so soon forgotten the volume of other works to be done which are so dear to the people of KEEA, we have listed just a few of the problems we want you to help us solve below for your perusal:
SN. AREA PROBLEMS IDENTIFIED
1 KOMENDA They need a Landing Beach
2 KISSI The General Drainage System in the town which affects their Football Field when it rains needs improvement.
3 DOMPUASE The Dompuase Junction to Dompuase Town Road needs rehabilitation.
4 ELMINA The Bridge in the town needs rehabilitation.
5 ESSAMAN-ELMINA The Essaman Junction through Pershie to Elmina Road is in a very bad state.
6 KAFODZIDZI The Kafodzidzi to Aburansa Road needs rehabilitation
7 ABROBIANO The Abrobiano to Aburansa Road needs rehabilitation
8 ABURANSA The Aburansa to Anweem Road is in a very bad state
9 AYENSUDO The Market at Ayensudo needs to be worked on
10 AYENSUDO The Ayensudo to Ampenyi Road needs rehabilitation
11 AYENSUDO The Ayensudo to Brenuakyinmu Road is in a bad state
12 ESSIAM-ANKAASE The Essiam - Berase to Ankaase Road needs to be worked on
13 BENYADZE The Culvert close to the Community Centre at Benyadze has to be worked on.
14 ABRESHIA Their Public Toilet needs Rehabilitation
15 DABIR They need a Day Nursery Structure
16 EGYEIKROM The Extension of Electricity Service Wires should be completed
17 ANKAASE The residents need electricity metres
18 BESEASE/KISSI The Kissi to Besease road needs to be rehabilitated
19 SAMAN-ABOTAR-PARK The Saman-Abotar-Park Electrification Project needs urgent attention
20 BANDOH The town needs culverts to avert usual flooding
21 AGONA The Agona Township Roads need rehabilitation
22 KYIASE The Shed in the town needs to be completed
23 KOMENDA The Road from Electricity to Komenda College is in a very bad state and needs immediate attention.
24 DOMINASE The General Drainage System in the town is very bad and the whole town gets flooded when it rains needs.
25 POWANO (NEAR KAFODZIDZI) There is no proper road leading to the town.
26 POWANO (NEAR KAFODZIDZI) There is no electricity in the town at all.
27 ENYINASE (NEAR DOMINASE) There is no electricity in the town at all.
It is clear from the above that the constituency needs the total commitment of its representatives “up there” to help resolve its numerous problems.
This greatly underscores the reason why we are greatly disappointed in your refusal to perform very important national assignments for the constituency.
We want you to note that your constituents are gradually getting disappointed in you and are still seriously monitoring your efficiency as our representative and mouthpiece. The decision to continue representing the people of KEEA in parliament does not lie with you but with the people you are neglecting today.
Thank you
God bless you, Honourable,
God bless KEEA
God bless our homeland Ghana
Sincerely Yours,
SIGNED
Mr. Francis Omanano
Chairman: Progressive Movement for a Better Ghana
Contact: 0249323754
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