JOHN AKPARIBO NDEBUGRE V. THE ATTORNEY GENERAL, AKER ASA AND CHEMU POWER COMPANY LTD

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- The Supreme Court of Ghana held that the termination of a petroleum agreement ratified by Parliament under Article 268(1) of the 1992 Constitution does not require further parliamentary approval, unless such authority is expressly reserve

Case Details

Suit Number:CIVIL APPEAL NO. J1/5/2013

Judges:ATUGUBA JSC (PRESIDING), ADINYIRA (MRS) JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO - BAMFO (MRS) JSC, BENIN JSC

Counsel:THADEUS SORY ESQ. FOR THE PLAINTIFF, GRACE OPPONG (MS) (PSA) WITH HER MODESTER LEGIBO (ASA) FOR THE 1ST DEFENDANT; KWEKU AINUSON ESQ. FOR THE 3RD DEFENDANT

JUDGEMENT

ATUGUBA, JSC

I have read, with advantage, the masterly judgment of my able brother Benin JSC. Whilst agreeing with his conclusion I have some views to express on some of the issues in this case.

FACTS OF THE CASE

The 1^st defendant’s statement of case dated the 21^st day of November 2013 reveals the following:-

2.1. On the 24^th of October 2008, the Government of Ghana signed a petroleum agreement (“Petroleum Agreement”) over the South Deepwater Tano block with the Ghana National Petroleum Corporation (“GNPC”), Aker ASA, a Norwegian company, and Chemu Power Company Limited, a Ghanaian company.

2.2 On 29^th October 2008, Aker ASA incorporated a wholly owned local subsidiary, Aker Ghana Limited (“AGL”) to conduct petroleum operations in Ghana pursuant to Section 23 (15) (a) of the Petroleum (Exploration and Production) Law, 1983 (PNDCL 84), Chemu Power Company Limited, a Ghanaian company, was incorporated earlier on 7^th February 2008.

2.3 On the 5^th of November, 2008, the Petroleum Agree…

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Case Details

JUDGEMENT

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JOHN AKPARIBO NDEBUGRE
V.
THE ATTORNEY GENERAL, AKER ASA AND CHEMU POWER COMPANY LTD