[2005]DLSC17277 • January 26, 2005 • Supreme Court •
ATTORNEY-GENERAL vs. FAROE ATLANTIC CO. LTD
The plaintiffs, Faroe Atlantic Co. Ltd, a UK company, entered into a Power Purchase Agreement (PPA) with the Government of Ghana for the supply of electric power. The plaintiffs sued the Attorney-General (representing the Government) for specific performance and damages for breach of the PPA. The High Court granted summary judgment for the plaintiffs, ordering specific performance and later assessed damages. The defendant did not appeal the summary judgment but challenged the damages awarded. The case raised constitutional issues regarding the validity of the PPA due to lack of parliamentary approval as required by Article 181(5) of the 1992 Constitution.
read moreJUDGMENT DR TWUM JSC was invited by the President of the court to first deliver his opinion. On 14 July 1998, the plaintiffs-respondents (hereinafter called the plaintiffs), issued a writ of summons against the Attorney-General, the defendant-appellant (hereinafter called the defendant), in his capacity as the Chief Legal Advisor to the Government of Ghana and the proper party to be sued in respect of all civil cases against the State or the government or a ministry thereof in accordance with article 88 of the 1992 Constitution. The writ was indorsed with the following reliefs: "(i) specific performance of an agreement in writing dated 24 April 1998, described as the Power Purchase Agreement {Pl?A) made between the Government of Ghana, acting by and through the Ministry of Mines and Energy... for the purchase of electric power by the Government of Ghana from the plaintiffs, as amended by exchange of letters dated 15 and 16 June 1998; and (ii) or in the alternative, damages for br...