ASEPA to pursue legal action against A-G over $170 million Judgment debt

The Executive Director for  Alliance for Social Equity and Public Accountability (ASEPA), Mensah Thompson has said the group has said the think tank has started preparing legal action against the Attorney General (A-G) Godfred Yeboah Dame over the $170 million judgment debt slapped on Ghana by a UK court.

Thompson has expressed disappointment in the Attorney General over the $170 million judgment debt slapped on the country for terminating an energy agreement between the government and Ghana Power Generation Company (GPGC).

Dame has threatened to lodge a formal complaint with the Criminal Investigations Department (CID) to probe the Power Purchasing Agreement signed between the erstwhile NDC government and GPGC.

Godfred Dame is Ghana’s Attorney General and Minister for Justice

But reacting to the issue on Dwaboase on Power 97.9 FM,  Mensah Thompson slammed the A-G for his posture and indicated that he should have rather pursued the matter to save the country money in the court where he had the chance to mount a strong defense for the government of Ghana.

Mensah Thompson added that Ghanaians should not forgive the Attorney General, Godfred Yeboah Dame for causing financial loss to the state.

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.”

Gbevlo-Lartey’s post seems to suggest that the Attorney General, who most Ghanaians have tagged as ‘Local Champion’ would have won the case if the matter was sent to the Supreme Court.

Most Ghanaians are of the view that the confidence in the Judicial Service in Ghana is fast dwindling, following the verdict of the Supreme Court on the 2020 election petition.



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