[2013]DLSC2815 • November 21, 2013 • Supreme Court •
JOHN AKARIBO NDEBUGRE vs. THE ATTORNEY GENERAL, AKER ASA AND CHEMU POWER COMPANY LTD
The Applicant sought an interlocutory injunction to restrain the Minister for Energy from laying before Parliament an agreement between the Government of Ghana and AGM Petroleum Gh Ltd, entered after the abrogation of a contract between the Government and the 2nd and 3rd Respondents, alleging non-compliance with section 23(15) of PNDCL 84. The Applicant contended that once Parliament ratifies an agreement, it gains constitutional force and cannot be abrogated by a Minister's decision. The Applicant also challenged payments made to the 2nd Respondent following the void contract.
read moreThis is an application for an order of interlocutory injunction at the instance of the plaintiff/Applicant (hereinafter simply Applicant) for reasons stated in the supporting affidavit filed on 11th October, 2013. The 1st defendant /respondent (hereinafter simply the 1st respondent) upon receipt of the motion paper and supporting affidavit responded in an affidavit dated the 7th November, 2013 opposing the grant. The Applicant prays this court to injunct the Minister for Energy from laying before Parliament an agreement between the Government of Ghana and AGM Petroleum (Gh) Ltd, entered after the abrogation of the contract between the Government of Ghana and the 2nd and 3rd Respondents for non compliance with S. 23(15) of PNDCL 84. The Applicant premises his prayer on his contention that once parliament has ratified an agreement entered between the Government of Ghana and another person, the agreement assumes the status of an agreement with the force and backing of the Constitutio...