AG Sues JA Plant Pool, Siaw Agyepong Over Alleged $2 Million DRIP Overpayment

The Attorney General and Minister for Justice, Dominic Ayine, has filed a lawsuit against JA Plant Pool and its Executive Chairman, Joseph Siaw Agyepong, over an alleged excess payment of $2 million linked to the government’s District Road Improvement Programme (DRIP).

According to a writ of summons dated May 25, the Attorney General is seeking the recovery of the amount, arguing that the State paid the money without receiving any corresponding equipment, services, or value under the contract.

The suit explained that the DRIP initiative was introduced to support road maintenance and infrastructure development across Metropolitan, Municipal, and District Assemblies through the supply of earth-moving equipment.

Court documents stated that former Chief of Staff Akosua Frema Osei-Opare and former District Assemblies Common Fund Administrator Irene Naa Torshie Addo invited Mr Siaw Agyepong to the Office of the President for discussions regarding the project.

The Attorney General said government later adopted a single-source procurement process and secured approval from the Public Procurement Authority on January 10, 2024.

The suit noted that on February 12, 2024, the Office of the President, the District Assemblies Common Fund, and JA Plant Pool signed an agreement for the supply of 2,420 units of earth-moving equipment under a contract valued at US$178,704,739.50.

However, the Attorney General argued that a review of Schedule 1 of the contract revealed an arithmetic inconsistency.

According to the filing, although the total contract amount stated was US$178,704,739.50, the actual sum of the listed equipment and unit prices amounted to US$176,704,739.50 — creating what the State describes as an unexplained overstatement of exactly $2 million.

“The said sum of $2 million has no basis whatsoever within the four corners of the Contract,” the writ stated.

Government further argued that all payment schedules under the agreement were calculated using the allegedly inflated contract value, resulting in the excess payment through the Ministry of Finance and OmniBSIC Bank.

The Attorney General also alleged that Mr Siaw Agyepong “knew or ought reasonably to have known” about the discrepancy when he signed the agreement on behalf of JA Plant Pool.

The suit additionally accuses the defendants of unjust enrichment, stating that they “accepted, retained, and continue to retain” the disputed amount despite demands for repayment.

The Attorney General is therefore asking the court to order JA Plant Pool and Mr Siaw Agyepong, jointly and severally, to refund the $2 million together with interest at the prevailing commercial rate until full payment is made.

The State is also seeking any additional relief the court may consider appropriate.