Nii Amanor Dodoo, KPMG
Some three directors of the defunct uniBank Ghana Limited, which has now been taken over by Consolidated Bank Ghana (CBG), are praying the Accra High Court (Commercial Division) to give judgment in their favour after Nii Amanor Dodoo of KPMG, official Receiver of their bank, failed to make a defence against a counter-claim they filed against him in court.
Dr. Kwabena Duffour II, former CEO of uniBank Ghana and two directors, Prof. Newman Kwadwo-Kusi and Boatemaa Kakra Duffour-Nyarko, through a notice filed on their behalf by their lawyer, Yaw Oppong, is asking the court to give judgement in their favour since Amonor Dodoo had failed to file his defence to the counter-claim.
The three directors are among 17 defendants cited by Nii Amanor Dodoo, a senior partner of KPMG and plaintiff, in connection with several roles they played leading to the folding up of the once vibrant local bank.
They are referred to as the 8th, 10th and 14th defendants respectively.
According to affidavit deposed by Prof. Newman Kwadwo-Kusi ‘that on 12th October, 2018, we caused our lawyers to file a Statement of Defence with an accompanying Counterclaim to the Plaintiff’s Writ of Summons in which we had clearly demonstrated that the plaintiff herein and its KPMG which acted as Official Administrator which improperly impaired the financial strength of uniBank to enable the plaintiff take over uniBank and transfer its good assets to Consolidated Bank Ghana Limited also managed by KMPG, affiliated person, had acted in bad faith and actuated by rent seeking behaviour as in fact uniBank had been prudentially managed by us.
“That a search conducted at the Registry of this Honourable Court clearly indicated that the plaintiff has been served with the said Statement of Defence and Counterclaim.
“That the search also disclosed that the plaintiff has not filed a defence to our counterclaim as mandated by law.
“That we are advised by our lawyers and verily believe same to be true that the period stipulated by the applicable law within which the plaintiff is required to file his defence to our counterclaim has far elapsed.”
Reliefs
According to the directors, the entire procedure culminating in the purported appointment of KPMG as an Official Administrator was unlawful, illegal and contrary to the prevailing and acceptable practice and custom of the banking industry and sector.
They also said the entire procedure culminating in the purported appointment of the plaintiff as Receiver was unlawful, illegal and contrary to the prevailing and acceptable practice and custom of the banking industry and sector.
The three further noted that the appointment of KPMG where the plaintiff was a Senior partner and the purported auditing led by the self same plaintiff, as well as the appointment of the same plaintiff as Receiver, was patently illegal, unlawful and infringed every known law or practice in relation to administrative fairness and transparency and therefore ought to be set aside and vehemently unlawful, and impermissible by every measure of legality.
They, therefore, call on the court to reverse the decision by the Bank of Ghana (BoG) to revoke the operating licence of Unibank.
They said the purported expropriation and transfer of uniBank’s “good assets” to Consolidated Bank Ghana Limited was ineffectual, contrary to law, wholly devoid of legality and therefore ought to be set aside.
“Perpetual injunction restraining the plaintiff, KPMG, their appointers, particularly the Bank of Ghana, the Government of Ghana, through the Attorney General from and in any manner basing themselves as singularly or in concert on the demonstrably flawed proceedings and illegality by which plaintiff claims to derive his purported authority, as well as in any manner whatsoever interfering in the running, management and existence of uniBank as a financial entity,” they added.
By Samuel Boadi