Pharmacy which had been supplying Anti-retroviral and Malaria drugs to the Ministry of Health, was motivated by business rivalry. Therefore, any information disclosed to the IGG about the impropriety in question should have been subject to criticism. The Attorney General concluded by stating that as long as the IGG did not bring out any wrong doing on the part of QCIL, the MoU could not be amended; Secondly, on 29th May, 2013, through a letter addressed to the Health Minister and copied to the IGG, the Deputy Attorney General indicated that:“Pursuit of recovery of USD17,826,038.94 recommended by the IGG is without basis and will be an exercise in futility which will expose Government paying heavy damages and costs.” With reference to the aforesaid letters, the IGG on 8th July, 2013 wrote to the Minister of Health stating that:“…….the Inspectorate deems the review and amendment of the Original MoU, and the execution of the Amended MoU and Guarantee on 16th April, 2012, to be adequate implementation of all recommendations contained in the report and deems the matter closed.” 50. It was the Applicant’s argument that the IGG’s letter constituted a turn-about caused by the Attorney General’s rejection of the report and that in doing so, the office of the IGG abdicated its constitutional and statutory mandates. Reference No. 5 of 2013 Page 20

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