- A Commercial Court in London has instructed Ghana to pay a whopping US$170 million in damages to the Ghana Power Generation Company (GPGC)
- The order comes after the court rejected a late appeal by the government of Ghana to set aside a US$134million judgement debt
- The London-based United Nations Commission on International Trade Law (UNCITRAL) Tribunal awarded the judgement debt in favour of GCGP against Ghana on January 26, 2021
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A former Energy Minister, Dr Kwabena Donkor, has vowed to fully cooperate with the CID’s investigations into a power purchase agreement with the Ghana Power Generation Company (GPGC).
The Attorney General, Godfred Yeboah Dame, has ordered an investigation and inquiry to establish whether it was necessary for the agreement to be entered into and whether it was expensive.
The agreement signed during the tenure of Dr Donkor as Energy Minister under the previous John Dramani Mahama administration was cancelled by the Akufo-Addo administration.
It has led to the award of US$170million in judgement debt against the country in favour of GPCP.
Commenting on the pending investigations, Dr Donkor vowed to be cooperative, saying he is not afraid.
Calling the bluff of the Attorney General to probe all who were involved in executing the deal, Dr Donkor insisted that his conscience is clear and that he acted in the national interest.
“We were all here with the AMERI. They raided our homes at dawn. It amounted to nothing. I acted in the best national interest. If anybody disagrees, he has the right to investigate.
“But you don’t sit on the radio as Attorney General and try to intimidate people like me. We are not intimidated. If he wants me to go to the CID headquarters, I’ve been there several times… The CID has consummate professionals. They are not political foot soldiers,” the Pru East legislator told journalists in Accra.
He added: “I’m not a lawyer. I didn’t draft the agreement. The agreement was drafted by the legal officers of the ministry under the supervision of the Attorney General’s office. So if you say the draft was wrong, am I a lawyer?”
The London-based United Nations Commission on International Trade Law (UNCITRAL) Tribunal on January 26, 2021, awarded the judgement debt against Ghana.
Out of the total, U$134.35 million represents the early termination payment claim, which itself is made up of US $69.36 million as an early termination fee, US$58.49 million for mobilisation costs, US$6.46 million as demobilisation cost and US$32,448 as preservation and maintenance cost.
Another US$614,353.86 was also awarded against Ghana as the cost of the Tribunal, and expenses of US$3 million against Ghana, being the legal fees expended by the GPGC during the arbitration.