A fast track High Court in Accra on Thursday, described as illegal failure by the John Mahama administration to pay statutory funds to the GETFund and has ordered the Ministry of Finance to pay all the arrears owed the Trust.
This ruling was after a New Patriotic Party (NPP) Youth activist, Richard Nyamah filed a law suit against government for their nonpayment of debt owed GETFund which according to him, was negatively affecting its operation.
He prayed the court to direct the Ministry of Finance to honour its indebtedness to the fund.
The court which was presided over by Justice LL Mensah upheld his position and ruled that the money be paid.
Below is a copy of a statement released by the NPP youth activist
PRESS STATEMENT ON GETFUND RULING: RICHARD NYAMAH
I wish to express my outmost gratitude to my legal team led by Thadeus Sory and Sean Poku of Sory @ law for enduring nine hectic months of this legal battle and seeing it to a successful end. I also thank Justice LL Mensah for a ruling that sees to further the interest of the Ghanaian Public. It is heartwarming to note that in passing judgment he took note of the fact that if state institutions fail to perform their statutory functions, responsible public benefactors cannot afford to fail the state.
I call on the government to with immediate effect pay all arears owed GETFUND, which I note has been pending since July 2013. As we speak Ghanaian medical students in Cuba are resorting to armed robbery to survive. The dismissal of students in Ukrain, Rusia, United Kingdom, the none availability of chalk, pencils, paper in classrooms, the none payment of the over 5,000 cooks of the school feeding program as well GETFUND contractors who have not been paid are all reeling under the effect of the mismanagement of the GETFUND.
Parliament has the singular responsibility to keep the public purse safe and I note with glee, the attempt by parliament to have this matter investigated. I therefore call on parliament to haul the minister of finance to parliament to account for not just GETFUND monies but all statutory payments in arears. I pray parliament to ensure that the finance ministry releases all arears of GETFUND with immediate effect for the educational sector to work again.
As the direct beneficiaries of the GETFUND, I call on the student leadership of this country especially NUGS and GNUPS to as a matter of urgency hit the streets to force government to release all monies owed GETFUND to enable academic activities to go on. The government has shown over the years its disrespect for court rulings of such nature and until force is applied, it is likely to renege on the payments.
Furthermore, all individuals who prior to this ruling made contact to sue on other statutory payments such as the national health insurance fund and the road fund should proceed to court as this sets a precedent that the government cannot continue to use its arguments of capacity to en-stop the citizens from ensuring government behaves responsibly. The government has no right to exercise discretionary powers in expending statutory funds as the laws are clear. A lawless government cannot develop a responsible society.
Last but not least, I edge all GETFUND contractors whose payments have been pending for work done, to proceed with immediate effect to the finance ministry with their certificates for payment. As long as citizens pay our 17.5% VAT, government has no right to choose when to make the 2.5% earmarked by the law for GETFUND available when the law stipulates all such payments should be made within 30 days.
I on my part together with my legal team will go back to court to ensure the ruling is abided by if government fails to pay the monies within the shortest possible time.
My greatest appreciation is to the media for your keen interest in this matter. I pray you follow through with government as to the payments to ensure we keep the government on its toes and working.
God bless Ghana
Richard Nyamah
