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ELIKPLIM L. AGBEMAVA
V.
ATTORNEY GENERAL

(2024) JELR 112248 (SC)

Supreme Court 22 May 2024 Ghana
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- The plaintiff argues that the Petroleum (Exploration and Production) Act 2016 (Act 919) undermines the foundational values of the Constitution, specifically probity, accountability, and transparency. - The plaintiff seeks declarations tha

Case Details

Suit Number:WRIT NO. J1/05/2017
Judges:SACKEY TORKORNOO (MRS.) CJ (PRESIDING) G. PWAMANG, JSC PROF. H.J.A.N. MENSA-BONSU (MRS.), JSC S.K ASIEDU, JSC E.Y GAEWU JSC Y. DARKO ASARE JSC R. ADJEI-FRIMPONG, JSC
Counsel:ELIKPLIM L. AGBEMAVA ESQ. APPEARS IN PERSON FOR THE PLAINTIFF. GRACE OPPONG (MS.) (PRINCIPAL STATE ATTORNEY) FOR THE DEFENDANT.
Location:Accra

JUDGMENT

DARKO ASARE JSC:

My Lords, the Plaintiff says that his motivation for bringing this case is to ensure that the foundational values of our Constitution namely; probity, accountability and transparency are not undermined by Parliament through the provisions of the Petroleum (Exploration and Production) Act 2016 (Act 919). He contends that under Act 919, Parliament appears to have waived its constitutional power under article 181 of supervisory control over all loans and international business or economic transactions entered into by the Government of Ghana as explained by the Supreme Court in a long line of cases, including, Attorney-General v. Faroe Atlantic Co. Ltd. [2005-2006] SCGLR 271, Attorney General v. Balkan Energy [2012] 2 SCGLR 998 . This is how the eminent Date Bah, JSC expressed in flowery language the value of article 181 in the case of Attorney General v. Balkan Energy (supra) at page 1033 of the Report:-

“The sunlight of Parliamentary scrutiny of major transactions…

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