The New Patriotic Party’s (NPP) Member of Parliament (MP) for Tema Central, Yves Hanson-Nortey, is under fire over his alleged involvement in a scandal that is said to have cost insurance giant, Star Assurance Company Limited, some GH₵22.5 million.
Read also: Tema Central MP denies GH₵22.5 million fraud allegations
Mr. Hanson-Nortey and his company APRX Petroleum Ghana are said to have misrepresented themselves by using a dubious means to obtain insurance bond from the insurance company in 2018.
Despite, assurances on top of an out of court settlement granted after entering into agreement to pay, the governing party’s representative in Parliament and his company have failed to honour the agreement.
The plaintiff– Star Assurance Company Limited- in its Statement of Case filed at the Commercial Division of the High Court in Accra stated that, in October 2018 it had issued a customs bond to the first defendant ( APRX Petroleum Ghana) to cater for cost it had incurred on petroleum products it imported for distribution and sale, which amounted to GH₵10,000,000.00.
But, due to false representations from the first and second defendants, (APRX Petroleum and the MP), Starr Assurance has incurred a debt of GH&22,500,000.00) to Ghana Revenue Authority.
Particulars of fraud
In the Statement of Claims filed at the Court, the Plaintiff (Starr Assurance), contended that, the “2nd Defendant with intent to deceive plaintiff forged title documents of a non-existing property and presented same to Plaintiff Company as his property even though he knew such documents to be false.”
Additionally, the Plaintiff argues that, “2nd Defendant with intent to deceive the Plaintiff forged a valuation report from Assenta Company Ltd. and presented same to Plaintiff as the valuation report of his property knowing that such report was false.”
As a result of that, the Plaintiff contended that, the 2nd Defendant is currently on police enquiry bail pending investigations into his fraudulent acts.
The Plaintiff further stated that, the 1st and 2nd Defendants have also failed and/or refused to make good the default of the 1st Defendant in terms of the conditions precedent to the issuing of the bond to the plaintiff.
“Plaintiff says that as at the 2nd day of June, 2021 1st Defendant was indebted to the Plaintiff in the sum of Twenty – Two Million Five Hundred Thousand Ghana Cedis (GH&22,500,000.00),” the Plaintiff stated.
Plaintiff’s claims
Upon several attempts to get its money from the Defendants failed, the Plaintiff initiated an action as the Court and claims against 1st and 2nd Defendants jointly and severally as follows:
“Recovery of the sum of Twenty-Two Million Five Hundred Thousand Ghana Cedis (GH&22,500,000.00) being money to be paid by Plaintiff to Ghana Revenue Authority as a result of Ist Defendant’s failure to pay its taxes and levies owed to Ghana Revenue Authority and which amount the Defendants have failed and/or refused to pay in spite of several and repeated demands made therefor.
“Interest on the said amount at the prevailing Commercial bank rate payable monthly in arrears from the 21st day of February, 2021 to date of final payment,” the Plaintiff stated.
The Plaintiff is also seeking Damages and Costs including legal fees.
Consent judgement
Following the Court action, the 2nd Defendants approached the Plaintiff and reserved to settle the matter out of Court.
Following assurances and commitment to settle the case, agreed with the Plaintiff to have the case settled and subsequently agreed on an out of Court settlement which was adopted by the Court as a consent judgement.
Despite, that consent judgement, the MP and his company have refused to honour their part of the bargain and is currently being sought after by the insurance Company.
In June 22, Justice Akua Sarpomaa Amoah adopted the terms of settlement and adopted same as a Consent judgement.
“The following Terms of Settlement filed on 3rd June, 2022 and duly executed by the Parties and their respective Counsel are hereby adopted as Consent Judgement of this Court,” the Judge stated.
Below is the full Statement of Claims of the Plaintiff
Plaintiff is a body corporate registered under the laws of Ghana and is engaged in the business of insurance.
The 1st Defendant is a customer of the Plaintiff bank engaged in business of petroleum products sales and distribution.
The 2nd Defendant is a shareholder and Director of 1st Defendant Company.
Plaintiff avers that in October 2018 the Plaintiff, at the request of the Ist Defendant, issued a Customs Bond of Ten Million Ghana Cedis (GH&10,000,000.00) numbered SAC-97-RMB-18-00163-P to support 1st Defendant’s business and in favor of Ghana Revenue Authority.
Plaintiff says that the said Customs Bond was to guarantee the Is Defendant’s payment of all taxes and levies associated with the importation, distribution and sale of various petroleum products by the Is Defendant.
Plaintiff states that as a condition precedent to the issuing of the Bond to Ghana Revenue Authority in favour of 1st Defendant, the 2nd Defendant executed a deed of guarantee to be liable to the Plaintiff upon demand should the 1st Defendant fail to honour its obligations to Ghana Revenue Authority.
Plaintiff asseverates that as a further condition precedent to the issuing of the above-mentioned bond to 1st Defendant, 2nd Defendant presented documents covering home properties to the Plaintiff to be used in preparing a deed of mortgage in favor of the Plaintiff which said mortgage would serve as security for ist and 2nd Defendants’ indebtedness to Plaintiff in the event that 1st Defendant fails to pay its tax obligations to Ghana Revenue Authority and the Plaintiff is required to pay.
Plaintiff avers that 1st Defendant later failed to pay to Ghana Revenue Authority various taxes and levies and as a result Plaintiff was surcharged an amount in terms of the Bond as well as a penalty for the 1st Defendant.
Plaintiff says that it became liable to Ghana Revenue Authority to the tune of Ten Million Ghana Cedis (GH&10,000,000.00) together with a penalty of One Hundred and Twenty Five percent of the Value of the Bond amounting to Twelve Million Five Hundred Thousand Ghana Cedis (GH&12,500,000.00).
Plaintiff avers that in all 1st Defendant became liable to Plaintiff in the sum of Twenty-Two
Million Five Hundred Thousand Ghana Cedis (GH&22,500,000.00).
Plaintiff avers that it immediately demanded of the ist Defendant to settle its indebtedness to Ghana Revenue Authority.
Plaintiff says that Is Defendant applied to Ghana Revenue Authority for rescheduling of its indebtedness which said application was granted, however 1st Defendant failed to abide by the terms of the rescheduled payment agreement.
Plaintiff says that it has been directed by Ghana Revenue Authority to pay the above – mentioned sum forthwith.
Plaintiff avers that in its attempts to perfect the proposed mortgage documents it realized that all the documents brought by 2nd Defendant to be relied on to execute a mortgage in favour of 1st Defendant were procured by fraud.
Particulars of fraud
Second Defendant with intent to deceive plaintiff forged title documents of a non-existing property and presented same to Plaintiff Company as his property even though he knew such documents to be false.
Second Defendant with intent to deceive the Plaintiff forged a valuation report from Assenta Company Lid. and presented same to Plaintiff as the valuation report of his property knowing that such report was false.
Plaintiff further avers that the 2nd Defendant is currently on police enquiry bail pending investigations into his fraudulent acts.
The 1st and 2nd Defendants have also failed and/or refused to make good the default of the Is Defendant in terms of the conditions precedent to the issuing of the bond to the plaintiff.
Plaintiff says that as at the 2nd day of June, 2021 1st Defendant was indebted to the Plaintiff in the sum of Twenty – Two Million Five Hundred Thousand Ghana Cedis (GH&22,500,000.00).
WEREFORE Plaintiff claims against 1st and 2nd Defendants jointly and severally as follows:
(I). Recovery of the sum of Twenty-Two Million Five Hundred Thousand Ghana Cedis (GH&22,500,000.00) being money to be paid by Plaintiff to Ghana Revenue Authority as a result of Ist Defendant’s failure to pay its taxes and levies owed to Ghana Revenue Authority and which amount the Defendants have failed and/or refused to pay in spite of several and repeated demands made therefore.
(II) Interest on the said amount at the prevailing Commercial bank rate payable monthly in arrears from the 21st day of February, 2021 to date of final payment.
(III). Damages.
(IV). Costs including legal fees.
