NDK Wins Judgment Debt Against Gov’t

A five-member panel of the Supreme Court has awarded an amount of GHc14, 689 judgement debt claim to NDK Financial Service instead of GH¢1.2 billion it made against the state.

The unanimous decision of the apex court presided over by Justice Kwesi Anin Yeboah means that the state has been saved an amount of GHc1,272, 985, 310.26.

The panel which also include Justice Jones Dotse, Justice Paul Baffoe-Bonnie, Justice Nene Amegatcher and Justice Sule Gbedegbe (retired) said the state should pay interest at the prevailing rate from 28 November 2014 to the date of payment to NDK.

The full reasoning of the court according to the Chief Justice who presided would be ready on or before June 4, 2021.

The apex court earlier appointed PricewaterhouseCoopers Ghana – an accounting firm – to ascertain the veracity of the over GH¢1.2 billion claims being made by NDK Financial Services Limited against the government through the Ministry of Energy.

The state represented by the Attorney-General and the private firm was then ordered by the court to prepare legal accounts for the auditing firm to work with.

That auditing was to verify how much the state has been able to pay through the Bank of Ghana and whether NDK is still entitled to more payments amounting to some GH¢1,273,000,000 as judgment debt.

The apex Court’s order followed an application by the AG insisting that the state had fulfilled all financial obligations to NDK with regard to certain payments and interests based on the court’s order.

The court in its judgement on Wednesday, June 2, said the state should NDK GHc14, 689.74 instead of the over GHc1.2 billion it was claiming.

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