The Supreme Court has ruled against the Auditor-General that he lacks the legal capacity to surcharge Zoomlion Ghana Limited.

Waste Management Company, Zoomlion Ghana won by a unanimous decision in a case which was presided over by Justice Jones Dotse.

The Company had been hit with a GHC184 million surcharge by the Auditor-General for illegally taking payments although their contract with the government had expired.

According to the Auditor General, Zoomlion carried out a fumigation exercise for the Ministry of Health which they were paid for by the National Health Insurance Authority.

After carrying out an audit by the Auditor-General on the accounts of the NHIA, it revealed that Zoomlion had between the year 2007 and 2018 allegedly been paid a total amount of ¢184,901,650.00 without following due process.

The Auditor-General Daniel Domelevo contended that Zoomlion continued to receive payment for the fumigation exercise from the NHIA even when the four year contract between them and the Health Ministry had expired since it started in 2009.

Disgruntled Zoomlion Ghana dragged the Auditor-General before an Accra High Court in 2018 praying the court to set aside the Auditor-General's surcharge but it was dismissed.

The waste management company not satisfied followed it up to the Appeals Court before the case was later referred to the apex court for constitutional interpretation.

The Supreme Court will in due course make available the reasons for their ruling.