December 3 ,2020
Attorney General (AG) Anil Nandlall SC has filed a suit against businessman Larry Singh to recover just under $370 million dollars which he said had been paid to Singh by the Guyana Defence Force (GDF) between 2015 and 2016 for the supply of guns and ammunition.
According to the AG, Singh breached his contract with the defence force by failing to supply the number of weapons and ammunition for which he had been paid.
In his fixed date application, Nandlall said that Singh had been contracted to supply the items pursuant to three contracts dated November 18th, 2015; December 15th, 2015 and March 30th, 2016.
Outlining the grounds for his application, the AG said that Singh, a supplier and dealer in weapons and ammunition had agreed upon request to sell and deliver a quantity of weapons and ammunition to the Army.
He said that the GDF had requested a waiver from the National Procurement and Tender Administration Board (NPTAB) for sole-sourcing of the purchases in accordance with Section 28 (d) of its Act.
Nandlall said that Singh was then sole-sourced to provide the weapons after the NPTAB granted the Army permission and the latter paid the sum of $380,527,421 to Singh for the items.
The AG (the applicant), said that each of the contracts contained a general-terms-clause which stated that the Force would not be liable for any damages or compensation payable by law in respect or in consequence of any accident or injury to the supplier in the performance of his duties under the contract.
He said that the clause stated further, that the supplier had to indemnify and keep indemnified the Force against such damages and compensation and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever.
According to the AG, Singh (the respondent) had agreed in all three contracts that he would supply quality products to the Force; be solely responsible for the shipment of the weapons; and ensure that the correct weapons were delivered within 150 days after the Bill of Lading was provided.
Nandlall deposed in his application, however, that Singh breached the contracts when he failed and or refused to supply the number of weapons and or ammunition for which he was paid.
The AG pegged Singh’s debt to the Army to the tune of $369, 604,271 and is asking the court to order him to pay interest while noting that the Force’s demands for a refund have been futile.
The AG is also asking for any further order as the court deems just and reasonable to grant, as well as costs.
Nandlall said that as AG he can institute proceedings on behalf of the State for the enforcement of any claim in accordance with Section 10 of the State Liability and Proceedings Act.
Meanwhile, a supporting affidavit from acting Chief of Staff Godfrey Bess said he swore to this Affidavit on behalf of the AG and that the matter is within his personal knowledge.
Singh had come to public notice early in the life of the APNU+AFC administration when he was controversially awarded a lucrative contract for a medical supplies bond in Charlestown.