Supreme Court Dismisses Case On Constitutionality of Karpower Agreement

The Supreme Court has dismissed the suit challenging the constitutionality of government’s decision to go into the Karpower agreement without Parliamentary approval.

The five member panel of judges, presided over by Justice Jones Dotse did not give any reasons for the court’s decision but said they will file it later.

The plaintiff, Dr. Mark Assibey–Yeboah who is also the MP for New Juaben South sued the Attorney General, the Ghana National Petroleum Corporation, GNPC, Electricity Company of Ghana and Ecobank over the deal.

Counsel for the plaintiff, Alexander Afenyo-Markin argued that the Karpower agreement which costs 100 million dollars was entered into after all efforts to persuade government to send the agreement to Parliament for scrutiny failed.

The plaintiff was seeking an order declaring that upon true and proper interpretation of article 181 and section 5 of Act 815, the issuance of a bank guarantee of 100 million dollars by the GNPC in support of the Power Purchase between ECG and Karpower, without prior approval, was a breach of the constitution.

The plaintiff also wanted a declaration that the execution of the agreement between ECG and Karpower for the supply of electricity constituted an International Commercial Transaction.

Therefore government’s failure to seek prior parliamentary approval was unconstitutional.