CEGA CHARGES PREZ.AKUFFO ADDO.
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CEGA REQUESTS PRESIDENT AKUFO-ADDO TO EXPLAIN WHY GHANA WILFULLY LOST US$170M TO A POWER GENERATING COMPANY
The Center for Ethical Governance and Administration (CEGA) is kindly requesting President Akufo-Addo to boldly come out to explain to Ghanaians why Ghana has to pay the needless judgment debt of US$170 Million to a power generating company, Ghana Power Generating Company (GPGC).
The facts of the case;
In June 2015, Ghana government under former President John Mahama signed an agreement with (GPGC) a “fast-track power generation solution” to generate power for Ghana involving the relocation of two aero derivative gas turbine power plants from Italy to Ghana.
In 2018, Ghana Government under President Akufo-Addo allegedly wrongfully repudiated the contract resulting in GPGC initiating a law suit.
At its ruling on January, 2021, the tribunal ordered the Ghana government to pay a contractually defined “early termination payment of more than US$134.3 million plus interest and costs. The case was tried under English law which required Ghana government to appeal against the award within 28 days.
The Ghana government suddenly switched solicitors along the line from Omnia Strategy to Volterra Fietta. Three days before the 28-day deadline, Omnia Strategy applied for a 56-day extension. The court agreed to the application for extension to 8th March, 2021. Strangely, Ghana government failed to use that window of opportunity and submitted its set-aside application on 1st April, 2021 and also through a different solicitor, Volterra Fietta with the excuse that a new Attorney General had been sworn in on 5th March, 2021, in addition delayed by Covid 19 and general elections. In its ruling, the judge stated that the state’s grounds for challenging it were “intrinsically weak” and therefore had to pay US$170 million to GPGC.
The CEGA kindly request President Akufo-Addo to explain to the people of Ghana;
- The need to prematurely terminate a contractual agreement which would trigger a law suit and a possible judgment debt against Ghana.
- Why should President Akufo-Addo opt for premature termination of contract instead of re-negotiation as he did with other contractual agreements?
- Why the need for Ghana to request for an extension of time and fail to make better use of it after it had been granted?
- President Akufo-Addo released a list of appointed caretaker ministers for government business to continue on January 11, 2021 long before the tribunal gave its judgment. Why was the name of the Minister for Justice and Attorney General conspicuously absent from the list even though his services were urgently needed at that crucial time?
- What was the purpose of switching solicitors from Omnia Strategy to Volterra Fietta?
- How many of the 22-member team from Attorney General’s office handling the case were down with Covid-19 during the period, with names, details of admission, treatment, recovery and discharge?
- A Queen’s Counsel (QC) is a barrister or solicitor advocate who has been recognized for excellence in advocacy. They are often seen as leaders in their area of law and generally take on more complex cases that require a higher level of legal expertise and can charge as much as US$10,000 per day. Ghana hired the services of a QC, and with support from a team of crack lawyers from the Attorney General’s office, why should Ghana present such an “intrinsically weak’ defense to lose US$170 million?
Prof. Ohene Adjei ExecutiveD 0544445566
Dr. Justice M.K Aheto Executive Secretary 0242527292
George Yankah Communications Director 0242161111
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