FACES FIVE DEFENDANTS IN COURT

By Solomon Davids

Mr Egbert Faibille, Managing Editor of the Ghanaian Observer and a legal practitioner, has filed a suit in court on behalf of Universal Navigation PTE Ltd, plaintiffs, in defense of the disputed “rotten” rice that was stopped from entering the country earlier this month.

The rice, which witnesses described as unwholesome and unfit for human consumption, has already been ordered out of the country but the case still lingers in court as Mr. Faibille prepares to face five defendants, Brigadier General Joseph Nunoo-Mensah, National Security advisor, the Food and Drugs Board (FDB), Ghana Ports and Harbours Authority, the Chief of Naval Staff and the Attorney-General, 1st to 5th defendants respectively.

Universal Navigation Ltd, is seeking among others, general damages, costs and a declaration that 1st and 2nd defendants cannot declare the rice as unwholesome when they have not subjected it to any scientific test and/or analyses as to its unwholesomeness or otherwise for human consumption.

In its suit filed at the High Court of Justice, the plaintiff admitted that the rice, which could not be discharged in Guinea due to unrest in that country, was eventually directed to Ghana, where an alternative buyer was secured and the vessel MV Stefanis.

However, the plaintiff said, the Ghanaian media over bloated reports of some weevils found in the rice, which arrived at Tema on 7th December, 2009, prompting the local company interested in the company to discharge the rice and obtain Ghana Standards Board’s Certification for it.

Another buyer, Messrs ETS Zidnaba Souleymane, was found by the plaintiff and the first buyer was informed of it. As a result, plaintiff was requested to discharge the cargo of rice into the bonded in-transit shed at the Tema Port for the new buyer to view prior to payment.

The Port Health Authority subsequently undertook the fumigation of MV Stefanis on the 8th December, 2009, issuing the plaintiff with a certificate that expires in six months.

On the 27th of December, 2009, Port Health Authorities found out there were weevils in a hatch of the vessel as a result the vessel was fumigated again. Interestingly, on the 30th day of December, 2009, 2nd defendants, the FDB paid a visit to Shed 8, where the rice at the Tema Port and took samples of the plaintiff’s rice that had been stored, among which sample were some caked portions of rice.

Based on this, the plaintiff was asked to re-embark the rice on the vessel and send it away from Ghana.

Stay tuned.