$170 mil. judgement debt: I’ve nothing to hide; ready for probe – Donkor tells AG

Former Power Minister, Kwabena Donkor has indicated his preparedness to submit himself to any probe to unravel the mystery surrounding how a 170 million judgment debt was awarded against the government of Ghana.

Attorney General, Godfred Dame earlier accused the erstwhile Mahama government of entering into a needless power agreement with Ghana Power Generation Company (GPGC).

Speaking to XYZ Parliamentary Correspondent Princess Arita Anim, The Pru East MP contended he cannot be blamed for the award of the judgment debt against the government and expressed readiness for any probe.

Asked if he was worried about being investigated, he responded “Worried? Then you don’t know Kwabena Donkor, the village boy called Kwabena Donkor then you don’t know him.”

Showing commitment to any investigation, the MP stated, “We were all here with the AMERI, they raided our homes at dawn, it amounted to nothing. I act in the best national interest. If anybody disagrees, he has the right to investigate. But you don’t sit on the national radio as Attorney General, the number one lawyer of the nation, and try to intimidate people like me. We are not intimidated”

There is rising national criticism of the failure of the Attorney General, Godfred Dame because of his failure to put up a serious defense of Ghana in the case.

The contract, according to the judgment debt ruling, was unlawfully terminated, and that the Ahenkorah Committee of the Energy Commission put up hurdles in the way of GPGC to force the latter’s hand in its execution of the contract.

The Verdict

A three-member arbitration tribunal chaired by John Beechey, a former President of the International Criminal Court’s Court of Arbitration, and co-chaired by Prof Albert Fiadjoe, a Ghanaian academic, sided with the power producer and awarded a judgment debt of almost US$170 million against the state, following the termination the contract.

According to British law, the government had 28 days to challenge the tribunal’s decision but only made an appearance three days to the expiration of the deadline to ask for a 56-day extension.

However, the court set March 8, 2021, for the Government to file the processes to challenge the Tribunal’s decision in January. But again, the government went to sleep until April 1, 2021, before filing.

Another British law firm, Volterra Fietta, that the government had instructed to begin the process explained that the new Attorney General, Godfred Yeboah Dame, had only been sworn in on March 5, and the firm received the directive to represent Ghana 10 days later.

But ruling on the matter on June 8, 2021, the court had no sympathies.  It said the excuses were unreasonable and “intrinsically weak.”



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