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DR. MARK ASSIBEY-YEBOAH
V.
ELECTRICITY COMPANY OF GHANA, GHANA NATIONAL PETROLEUM CORPORATION AND THE ATTORNEY GENERAL

(2016) JELR 65866 (SC)

Supreme Court 28 Jul 2016 Ghana
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- The case involves the interpretation of Article 181(5) of the Constitution of Ghana in relation to international business transactions involving the government. - The Supreme Court has previously interpreted the scope of Article 181(5) in

Case Details

Suit Number:CIVIL APPEAL NO. J1/7/2016
Judges:DOTSE JSC (PRESIDING), ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC, BENIN JSC, PWAMANG JSC
Counsel:ALEXANDER KWAMENA AFENYO MARKIN WITH KORKOR OKUTU FOR JOE SLOVO TIA FOR THE 1ST DEFENDANT; TONY LITHUR FOR 2ND DEFENDANT WITH MRS. EMEAFA HARDCASTLE PHILIP JIMANOR AND ROMA LOKKO., THE PLAINTIFF. DR. DOMINIC AYINE DEPUTY ATTORNEY-GENERAL WITH MISS GRACE OPPONG PRINCIPAL STATE ATTORNEY AND CEPHAS MOTEY FOR 3RD DEFENDANT.

JUDGEMENT

DOTSE JSC

Our respected and eminent sister, Sophia Akuffo (Ms) JSC in the unanimous ruling of the Supreme Court in the case of Republic v. High Court, (Commercial Division), Accra; Ex-parte Attorney-General (Balkan Energy Ghana Limited and others -Interested Parties) [2011] 2 SCGLR 1183 held as follows:-

“According to the Merriam-Webster Dictionary of Law (1996) to interpret is to explain the meaning of something in order to determine intent. For the purposes of interpretation, “intent” more often than not also includes scope. Now in Attorney General v. Faroe Atlantic Co. Limited (supra) this court expounded the meaning of the expression “an international business or economic transaction to which the Government is a party”, as used in article 181 (5), within a particular context, i.e. an agreement between the Government of Ghana and a foreign company. Where, in a subsequent matter, a party contends that the scope of the provision is broader and covers an agreement between the G…

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