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

The Government of Ghana entered into a petroleum exploration agreement on 24 October 2008 with Aker ASA (Norwegian company) and Chemu Power Company Limited (Ghanaian company). The agreement was ratified by Parliament on 5 November 2008 under Article 268(1) of the 1992 Constitution. Subsequently, the Ghana National Petroleum Corporation (GNPC) and the Minister for Energy found that the agreement violated section 23(15) of the Petroleum Exploration and Production Law, 1983 (PNDCL 84), specifically regarding the requirement for a Ghanaian subsidiary to be a signatory. The Minister for Energy terminated the agreement without seeking further parliamentary approval and agreed to pay US$29 million to Aker ASA for seismic data acquired. The plaintiff challenged the Minister's authority to terminate the agreement without Parliament's consent and sought declarations that the termination and payment were unlawful.

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 1st defendant’s statement of case dated the 21st day of November 2013 reveals the following:- 2.1. On the 24th 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 29th 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 7th February 2008. 2.3 On the 5th of November, 2008,...