By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FmStarr FmStarr Fm
  • Home
  • Election Hub
  • General
    GeneralShow More
    GHOne TV launches 2026 Alumni Power Games in partnership with El Wak Social Club
    February 28, 2026
    TOR’s revival signals boost for domestic fuel production – Mahama
    February 27, 2026
    SONA 2026: Gov’t to commence Ridge Hospital Phase II project to boost healthcare capacity – Mahama
    February 27, 2026
    No patient should be denied care over bed shortages – Mahama warns health facilities
    February 27, 2026
    Public institutions to be equipped with solar systems to reduce power costs – Mahama
    February 27, 2026
  • Business
    BusinessShow More
    TOR’s revival signals boost for domestic fuel production – Mahama
    February 27, 2026
    Ishmael Kofi Adjei named best CEO in Travel Facilitation and Tour Packaging
    February 27, 2026
    Star Assurance Group pays medical bills of 21 children with cancer at Korle Bu
    February 26, 2026
    Parliament approves Ghana’s first accelerated national reserve accumulation policy
    February 26, 2026
    Fuel dispensed from Plaintiff’s car was mixed with water – Witness for Atimpoku Shell fuel station admits in Court
    February 26, 2026
  • Politics
    PoliticsShow More
    Public institutions to be equipped with solar systems to reduce power costs – Mahama
    February 27, 2026
    “We’ve borrowed less and spent more responsibly” – Mahama during 2026 SONA
    February 27, 2026
    SONA 2026: “We inherited an economy in severe crisis” – Mahama
    February 27, 2026
    “Ghana is back; Ghana is working again” – Mahama declares
    February 27, 2026
    SONA 2026: We didn’t arrest dollar; we strengthened cedi against other currencies – Mahama jabs Bawumia
    February 27, 2026
  • Entertainment
    EntertainmentShow More
    Drum artiste Aduberks holds maiden drum concert in Ghana
    February 27, 2026
    Kwesi Arthur joins Africa Now Radio with Nandi Madida on Apple Music
    February 23, 2026
    Kojo Antwi: “I’m lucky to be born in Kwame Nkrumah’s Ghana”
    February 14, 2026
    I write my music with women in mind – Kojo Antwi
    February 14, 2026
    Kojo Antwi advises musicians to stay humble as they rise
    February 13, 2026
  • Sports
    SportsShow More
    GHOne TV launches 2026 Alumni Power Games in partnership with El Wak Social Club
    February 28, 2026
    Cynthia Kwabi retains 2026 GTTA Sheroes Championship
    February 24, 2026
    Kofi Adams donates two months’ salary to Ghana Sports Fund, rallies national support
    February 19, 2026
    Black Stars to face 2026 World Cup hosts in friendly in May
    February 19, 2026
    Accra Hearts of Oak stun Asante Kotoko 1-0 in Kumasi Super Clash
    February 16, 2026
  • Technology
    TechnologyShow More
    Galaxy AI expands multi-agent ecosystem to give users more choice and flexibility
    February 25, 2026
    Samsung set to unveil new Galaxy S Series AI phones
    February 23, 2026
    African AI Governance Index launches first continental intelligence platform
    February 18, 2026
    Sharing, downloading, or monetising content of viral Russian man a crime – Sam George warns
    February 18, 2026
    Rethink Africa Intelligence Conference 2026 launched
    February 17, 2026
  • International
    InternationalShow More
    55 Ghanaians killed in Russia-Ukraine war, two held prisoner – Ablakwa reveals
    February 27, 2026
    Ablakwa granted ‘rare’ access to Ghanaian POWs in Ukraine, confirms they’re alive
    February 26, 2026
    Ghana engages Ukraine to secure release of citizens arrested for fighting for Russia
    February 25, 2026
    NUGS UK urges action on IELTS requirement and delayed scholarship payments
    February 25, 2026
    Ghana issues travel advisory for Mexico following cartel violence
    February 25, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: GN savings case back in court today: How will the court rule?
Share
Notification Show More
Font ResizerAa
Starr FmStarr Fm
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
Editors PickGeneral

GN savings case back in court today: How will the court rule?

Starrfm.com.gh By Starrfm.com.gh Published December 18, 2019
Share
SHARE

Today, Wednesday 18, December 2019, the Human Rights Court will be in session for the ruling on whether that court has the right to hear the GN Savings case or refer it to arbitration.

On 30 August 2019, Dr Papa Kwesi Nduom together with some shareholders of GN Bank/Savings filed an application at the Human Rights Division of the High Court, challenging the decision of the Bank of Ghana to collapse GN Savings and Loans Company Limited.

An application was filed by the Bank of Ghana (BoG) and the Attorney Generals Office to stop the legal action at the Human Rights Division Of the High Court.

It would be recalled that in a similar case, an application filed by the BoG to stop a legal action challenging the revocation of the licence of UniCredit Savings and Loans Limited was  dismissed.

The court presided over by Justice George Koomson, on 26 September 2019 described the BoG’s application for UniCredit’s legal challenge to be struck out as “misconceived”.

Hoda Holdings, the parent company of uniCredit filed an application for judicial review in the nature of certiorari, seeking an order from the High Court to quash the decision by the BoG.

“At no point did the respondents indicate to the company that the company had become insolvent and that the respondents’ decision to declare the company insolvent and subsequently revoke its licence is not based on any empirical fact but purely on deductions based on the deliberate creation of an extremely difficult financial situation to induce the company and its shareholders, including the applicant, to give in to the respondents’ malicious intentions,” the affidavit accompanying the
application stated.

On the other hand, the BoG raised the issue of jurisdiction, with a case that the High Court was not the proper forum for the legal action.

Lawyers for the BoG argued that any dispute arising out of the revocation must be determined through an arbitration process and not through the court system, as stipulated in the Banks and Specialised Deposit-Taking Institutions Act.

Justice Koomson disagreed with the BoG’s position and held that the court did, indeed, have jurisdiction to hear the case.

In the GN Savings case, applicants are praying the High Court to make an order of certiorari quashing the August 16, 2019 announcement declaring GN Savings and Loans Company Limited insolvent and consequently revoking its licence to operate as a specialised deposit-taking institution.

The application wants a declaration that the licence revocation was invalid because the BoG and the Minister of Finance based their decision to revoke the licence of GN Savings and Loans, as a specialised deposit-taking entity, on woeful inaccuracies.

The BoG, the Minister of Finance, the Attorney-General and the Receiver of GN Savings and Loans, Mr Eric Nana Nipah are the respondents.

The applicants are also praying the court to hold that by the respondents’ failure to take into account the government’s indebtedness to Groupe Nduom, Gold Coast Advisors and GN Savings and Loans Limited before concluding that GN Savings and Loans was insolvent, the BoG had violated, was violating or was likely to violate the rights of the applicants and GN Savings and Loans to administrative justice, property and equality or non- discrimination.

Aside from the substantive case, the plaintiffs also filed for an order for an interlocutory injunction seeking the restoration of the savings and loans company until the determination of the substantive motion that is challenging the decision to collapse the savings and loans company.

The applicants also want the court to direct the BoG and its agents not to further interfere directly or indirectly with the rights of the shareholders, management and directors to the possession, management and control of GN Savings and Loans Company Limited’s business activities, pending the determination of the claims in the originating motion, which is challenging the BoG’s decision to collapse the savings company.

It would be further recalled  that a lot of background information was already in the public domain including the following:

”On August 14th, 2017 the BoG revoked the licenses of UT Bank and Capital Bank. Ghana Commercial Bank (GCB)  took over the two under a Purchase and Assumption transaction. Less than a month later on 11th September 2017, the BoG announced an increase in the minimum capital requirement for banks from GHS 120 Million to GHS 400 Million (an increase of 233%) by December 31, 2018, giving Universal banks less than 18 months to source additional funds to beef up their capital.

This, Today gathered was an unprecedented move.

To indigenous banks, this was a clear case of raising the bar high to ensure those targeted would be posted out of the banking system.

Sensing danger, some heads of indigenous banks then came together to form an “Association of Indigenous Universal Banks” to petition President Akufo-Addo to appeal to the BoG and the Economic Management Team (EMT) for at least five years to pay up the new minimum capital requirement.

The President formed a 10 member committee to examine and act on the petition by the indigenous banks. (The committee consisted of 3 members from BoG, 3 members from banks, 3 members from the Ministry of Finance and a chair from the presidency.)

The committee was formed on 17th April 2018 and tasked to submit their final report by 26th May 2018.

The indigenous banks in their 11-page petition to the president saw this new policy as out of the norm. They did not understand why the BoG would give the same deadline to them as the foreign banks. They cited previous instances where when the minimum capital requirement was raised, indigenous banks were given an average of four years to pay. In 2003 for instance, when BoG raised the minimum capital requirement, banks were given almost four years to pay up, and in 2008 they were given almost five years to settle. At other times, the payment period was even flexible for existing banks, while new entrants were required to comply immediately.

The BoG on 1st August 2018, revoked the licenses of five other banks (Construction, Beige, Royal, Sovereign, and Unibank) and transferred their assets and liabilities into a new bank called Consolidated Bank of Ghana (CBG).

This consolidation triggered “panic withdrawals” in the banking and non-banking finance sectors as customers feared for the security of their deposits. Strangely, the BoG, the Ministry of Finance and Government, in general, stood by and did nothing to calm the fears of the depositors.

On the other hand, many BOG officials and ministers of state went on the offensive, threatening closure of those banks who would not be able to raise the required additional funds. So-called investment and financial analysts also jumped in to declare the indigenous banks not fit and blots on the banking landscape. The Senior Minister advocated mergers. Yet, no assistance was offered to facilitate these mergers.

Meanwhile, shareholders of GN Bank were at the same time, Today gathered looking for funds to shore up their capital to meet the new capital requirement.

Several letters according to our sources were written to the Presidency, requesting for their help to retrieve some of GN Bank’s funds which they had used to finance some projects that were undertaken by some Ministries, Departments and Agencies (MMDAs).

Our sources further said, Dr Papa Kwesi  Nduom, Chairman of Groupe Nduom once met the President, Vice President, Minister of Finance, Governor of BOG, Ministers of State and CEOs of the debtor state agencies.

Though assurances were given, the source said payments were not made.

An independent audit commissioned at the request of the Ministry of Finance resulted in the GHS2.4 billion state agency and contractor liabilities which still remain.

With the deadline for the new minimum capital fast approaching, shareholders of GN Bank, Today further gathered wrote a letter to the Bank of Ghana requesting for the bank to be reclassified as a Savings and Loans Company while steps were  taken to retrieve funds from state agencies and others.

The BoG on 4th January 2019,  our sources at the Ministry of Finance approved the request by the shareholders of GN Bank to be reclassified.

“Consequently, GN Bank has applied for, and the Bank of Ghana has approved the grant of a savings and loans company licence. The Bank of Ghana has also approved a transition plan submitted by GN for winding down aspects of its business which are not compatible with a savings and loans company licence,” Governor of the Central Bank”, Dr Ernest Addison revealed at their press conference on the update of the banking sector reforms.

Explaining the rationale for the reclassification to their customers and the general public, GN Bank / Savings said it would remain Ghanaian, with a national retail network, to promote financial inclusion.

“From the very beginning, our Vision has been to be a truly National Bank for the ordinary person namely; farmers, professionals, students, workers, and small and medium scale entrepreneurs in Ghana.”

“We will continue to be a financial institution with a difference – go where others are not willing to go, to bring banking to people currently excluded from the formal banking sector throughout the country,” a statement by issued by Groupe Nduom’s Corporate Affairs concluded.

Lawyers for the petitioners raised an objection over the sitting judge, Justice Gifty Agyei-Addo, who is the twin sister of Mr Samuel Atta Akyea, Minister of Works and Housing. Mr Atta Akyea who is also the Member of Parliament (MP)  for Abuakwa South is the cousin to the Finance Minister, Mr Ken Ofori-Atta, who is an agent of the state and party to the suit before the court.

This symbiotic relationship between the judge, Justice Gifty Agyei-Addo and the Finance Minister, Ken Ofori Atta shareholders of GN Savings believe  makes it a clear case of potential conflict of interest.

And true to their (Shareholders of GN Savings) fears,  Justice Agyei- Addo ordered the applicant’s lawyer Justice Srem-Sai to strike out the Finance Minister, as a respondent to the case. “

With all that is popping up in the traditional and social media recently, the independence of our regulators, Today can authoritatively report that is being questioned.

The hand of politics once hidden is now openly obvious. What is left is for the judiciary to demonstrate where it stands.

 

Source: Today Newspaper

You Might Also Like

GHOne TV launches 2026 Alumni Power Games in partnership with El Wak Social Club

TOR’s revival signals boost for domestic fuel production – Mahama

SONA 2026: Gov’t to commence Ridge Hospital Phase II project to boost healthcare capacity – Mahama

No patient should be denied care over bed shortages – Mahama warns health facilities

Public institutions to be equipped with solar systems to reduce power costs – Mahama

Share This Article
Facebook Twitter Email Print
Share
Previous Article Senyo Hosi bemoans protracted chieftaincy dispute in Mafi
Next Article 2019/20 GPL Launch: Veep Bawumia to grace the occassion

Starr 103.5FM

Starr FmStarr Fm
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!

Subscribe to our newsletter and never miss our latest in news, podcasts etc..

[mc4wp_form]
Zero spam, Unsubscribe at any time.
adbanner
AdBlock Detected
Our site is an advertising supported site. Please whitelist to support our site.
Okay, I'll Whitelist
Welcome Back!

Sign in to your account

Lost your password?