By William Hayeh
Former Director-General of GBC Maj. Albert Don-Chebe has told the Accra High Court that to be the best of his recollection, claims of unexecuted Advertisement made by Private Advertising Agency, Buy Media was a little over three thousand and not four thousand and 31 slots.
He was writing up his testimony under cross examination as second defendant winding in a fraud suit brought against Buy Media by the State Broadcaster GBC. Maj. Don-Chebe said a certain compensatory number of slots were added to the claim to make up for loss of value since the contracts were signed way before his assumption of office.
According to the claim of BuyMedia, the GBC owed it four thousand and thirty-one unexecuted advertising slots out of three of the four contracts it signed with the corporation between 2007 and 2011.
The former Director-General told the court that the figure he could recollect was a little over 3000.
Lawyer for GBC, Kwame Waja, referred second defendant to BuyMedia’s statement of claim with reliefs asking the Court for “an order to compel GBC to refund all monies received for the airing of four thousand and thirty-one slots of airtime assessed at GH₵1,500 per slot.”
Maj. Don-Chebe said that was the claim of the Advertising Agency, but following various negotiations leading to a settlement, no provision whatsoever was made for the payment of cash but rather airing of slots. Pressing further, Kwame Waja suggested to the second defendant that before he asked for a settlement, GBC had a defence before court.
A copy of the defence was shown to him and he conceded ,but said , as D-G, he has not seen that document before. This lawyer Waja said, as Director-General, he should have allowed BuyMedia to prove its claim of unexecuted adverts in court. Maj. Don-Chebe insisted that the matter went to court and a judgement was given.
Lawyer Waja still on his feet posited that, before Major Don-Chebe as D-G withdrew the case for settlement there was no judgement.
The former Director-General said he was not certain of that assertion, but was aware that GBC applied for a certain judgement to be set aside to undertake negotiations and because he had a capable legal team, he took their advice.
It is the claim of GBC that the settlement was signed by Maj. Don-Chebe as Director-General awarding BuyMedia GHC 9.4 million was wrongful, because the State Broadcaster owed the Private Advertising Agency no unexecuted advertisement under all the four contracts between 2007 and 2011 worth GH₵680,000.