The shareholders of GN Cost savings and Loans are praying the Superior Court to get the Financial institution of Ghana (Bog) to restore their specialised deposit-taking licence.
The prayer was contained in the published address that the lawyers filed on behalf of the shareholders.
“These steps ended up taken pursuant to Section 123 (1) of the Banks and Specialised Deposit-Using Institutions Act, 2016 (Act 930), which involves the Bank of Ghana to revoke the licence of a Bank or Specialised Deposit-Having Institution (SDI) wherever the Bank of Ghana determines that the institution is insolvent”, the revocation discover stated.
In accordance to counsel for the shareholders, Justice Srem-Sai, the Bathroom unsuccessful to choose the complete indebtedness of the governing administration to Groupe Nduom into account in its analysis of GN Savings’ guides.
“BoG had unsuccessful to just take into account the pertinent components that it should to”, the lawyers argued in their deal with which was submitted on April 14, 2020.
They also argued that the Bog “has occur to a conclusion which no reasonable person who is seized with all the related points would have appear to.”
Affidavit in support
In his affidavit filed on August 30, 2019, Dr Nduom on his section advised the Large Court that the authorities and its ministries, office and organizations owed the GN Savings much more than ¢600 million and not the ¢30.3 million that the Lavatory mentioned in the revocation notice.
“The Bank of Ghana and the Minister of Finance intentionally diminished or distorted the overall indebtedness of the govt and its MDAs to the Groupe Nduom so as to allow the Bank of Ghana to revoke GN Savings’ licence”, Dr Nduom mentioned in his affidavit to the Court docket.
In the meantime, an applicant by the legal professionals for the Financial institution of Ghana and the Attorney-Typical to have the circumstance referred to compulsory arbitration was dismissed by the Court docket in December 2019.
A additional software by Bank of Ghana’s lawyers to have the case stayed pending an charm they had filed in the Courtroom of Attraction was also dismissed as obtaining “failed to fulfill the Court of this sort of exclusive conditions warranting a stay”.
The get by the Courtroom that the parties must file their respective addresses is a indicator that the circumstance which is running into its eighth thirty day period is about to see its close in the Significant Courtroom.
Penned deal with
In a 39-paged penned handle in guidance of the originating motion on see for many orders for the enforcement of the elementary human legal rights of the applicants, counsel argued that all proof pointed to the fact that GN Personal savings was, as at the time of BoG’s selection, definitely solvent and Lavatory did not acquire into account all the appropriate aspects in advance of concluding that GN Price savings was bancrupt.
“In this regard, the applicants contend that not only did Bathroom fall short to consider into account all GN Savings’ assets ahead of concluding on its solvency, but also that there was a destructive style and design by the respondents among and amid by themselves to suppress the value of GN assets so as to enable them to come to the pre-determined summary that GN Discounts was insolvent,” counsel submitted.
What follows from listed here, thus, is a summary of some of the vital things that Bathroom and the Minister of Finance really should have taken (but have, possibly by neglect or refusal, failed to consider) into account ahead of coming to a conclusion on GN Savings’ solvency.
In accordance to the candidates, impartial assessment of their books confirmed they were being solvent adding that “all this notwithstanding, Bog, which has not performed any identified unbiased, reasonable or truthful evaluation or evaluation of the GN Savings’ textbooks – belongings and liabilities – was ready, really bizarrely, to come to a conclusion that GN Savings was insolvent and, consequently, revoked GN Savings’ licence on August 16, 2019.”
“The Applicants’ argument, for that reason, is that Lavatory has failed to perform a true, truthful and unbiased evaluation of GN Savings’ publications – matching the value of its complete property versus the value of its whole liabilities. And, indeed, if Bathroom had conducted a good, genuine, fair and impartial audit into the publications of GN Price savings, it would have known or appear to the obvious conclusion that GN Discounts was solvent and, consequently, able of assembly its financial debt obligations as at the time that Bathroom revoked its operational licence,” the tackle pointed out.
Counsel further more submitted that by revoking the licence of GN Financial savings and heading ahead to appoint a Receiver to liquidate or wind it up without having complying with the tenets of administrative justice, and failing to just take into account issues of reality which experienced been acknowledged by the Bathroom and the Minister of Finance on their own in correspondence captured on the record, the respondents have, are or are probably to deprive the candidates their ideal to the property in the GN Discounts.
In accordance to the candidates, the BoG’s summary that GN Personal savings was insolvent has no foundation at regulation or in point. “Rather, we have shown that the determination was, at ideal, reckless, fraught with stark malice and in self-evident violation of basic public law guidelines. We have showed in the affidavit and the reveals connected (refer to the schedule beneath) that GN Price savings was not only solvent, but also that it has belongings significantly a lot more than its full liabilities,” counsel added.
Citing authorities to buttress its argument, counsel is appropriately praying the court docket to grant its reliefs because the candidates had amply shown the respondents, who had been mandated by law to be certain enterprises thrived acted unfairly and capriciously primary to the decline of 2,840 careers.
On August 16, 2019, the Bathroom revoked the specialised deposit-using licences of over 20 cost savings and loans businesses. This provided GN Price savings and Financial loans Business Limited. The rationale which the Bog gave for the revocation was that GN Price savings was bancrupt.
Nonetheless, on August 30, 2019, the shareholders of GN Discounts submitted a situation at the Substantial Court docket to challenge the BoG’s decision. The defendants in the situation are the Bathroom, the Minister of Finance, the Attorney-Basic and the Receiver of GN Financial savings.