TWUM JSC (invited by the president of the court Akuffo JSC to deliver the first judgment.)
On 14 July 1998 the plaintiffs-respondents (hereinafter referred to as the plaintiffs), issued a write of summons against the Attorney-General, the defendant-appellant (hereinafter referred to as the defendant), in his capacity as the principal legal adviser to the Government of Ghana and the proper party to be sued in respect of all civil cases against the State or the government or a ministry thereof in accordance with article 88 of the Constitution, 1992. The writ was indorsed with the following reliefs: "(i) specific performance of an agreement in writing dated 24 April 1998, described as the power purchase agreement (PPA) made between the Government of Ghana, acting by and through the Ministry of Mines and Energy … for the purchase of electric power by the Government of Ghana from the plaintiffs, as amended by exchange of letters dated 15 and 16 June 1998; and (ii) or in the alternative, da…