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
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