Two Builsa South District residents have filed a lawsuit against the Builsa South Assembly, Mohadams Karimus Company LTD, and Big Harbis Enterprise in connection with the construction of a two-unit kindergarten school block at Dominfa Primary School.
According to the plaintiffs, despite the fact that competitive bidding was held and the contract was awarded to the winning contractors, the District Chief Executive unilaterally announced that the contract for the construction of the projects for Doninga Primary School and Weisi Primary School had been diverted to Naadema and Uwasi-Tuidema in violation of procurement laws.
The plaintiffs argue that the decision by the DCE is a breach of the Procurement Act, 2003 (Act 663) as amended by Act 914, and the same should not be endorsed.
They also averred that the DCE disregarded all attempts to draw his attention to the unlawful decision that he took, however, he has failed and ignored to comply with the procurement laws and has taken further steps to advance his illegal conduct by cutting sod for the construction of the kindergarten school blocks in Naadema and Uwasi-Tuidema contrary to the entire procurement process.
They further posited that the DCE had compelled the contractors to move to different sites to construct the school blocks.
The two averred that the chiefs, opinion leaders, and well-meaning members, including the Member of Parliament for the area, Dr. Cloement Apaak, had appealed to the government and development agencies to assist the community by constructing educational facilities for their respective communities.
It is their case that after several appeals and lobbying by the MP, the project cannot be unilaterally diverted by the DCE.
The plaintiffs are therefore praying the court makes a declaration that the conduct of the DCE to divert the construction of the school blocks from the original locations to the two new communities is unlawful.
They are also seeking an order of perpetual injunction against the defendants, their agents, workmen, privies, or any other person from diverting the construction of the school blocks.
The plaintiffs also want the court to direct the defendants to comply with the terms and conditions of the award letters dated October 24, 2022, to construct the school blocks at the original locations.
They asked the court to award costs including legal fees against the defendants.