Case Against GNPC On USD$700m Loan Thrown Out

The commercial division of an Accra Fast Track High court has dismissed an injunction application brought before it by three Members of Parliament, seeking to stop the Ghana National Petroleum Corporation (GNPC) from securing a $700 million dollar loan.

According to the MPs; Dr. Mathew Opoku Prempeh, Dr. Anthony Akoto Osei and Samuel Atta Akyea, GNPC illegally side-stepped the House in the process.

They wanted the court to direct the GNPC to suspend any transactions relating to the procurement of the loan, at least until hearing of the substantive case is concluded. But the presiding judge Justice Mrs. A. Bartels-Kodwo ruled against their plea and said the MPs could not establish a prima facie case against GNPC.

The MPs were represented in court by lawyers Egbert Faibille and Nana Asante Bediatuo while the defendants (GNPC) were represented by Emefa Heartcastle and Sefakor Akpabla. According to Samuel Atta Akyea, who was the only applicant in court , the ruling was a “travesty of justice”. “By the close of the week, we should have lodged an appeal”, he revealed.

The MPs are expecting the court to declare that the GNPC “contracting, procuring, securing or otherwise acquiring or drawing down on the loan facility or any other loan without prior approval of parliament is unconstitutional, unlawful, null and void”.

They want a further declaration that “defendants’s decision to undertake programme of projects without parliamentary approval is ultra vires and violates the petroleum revenue management act 2011(act 815) and is therefore null and void”.

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