DR. MARK ASSIBEY-YEBOAH vs. ELECTRICITY COMPANY OF GHANA, GHANA NATIONAL PETROLEUM CORPORATION AND THE ATTORNEY GENERAL

Our respected and eminent sister, Sophia Akuffo (Ms) JSC in the unanimous ruling of the Supreme Court in the case of Republic v High Court, (Commercial Division), Accra; Ex-parte Attorney-General (Balkan Energy Ghana Limited and others -Interested Parties) [2011] 2 SCGLR 1183 held as follows:- “According to the Merriam-Webster Dictionary of Law (1996) to interpret is to explain the meaning of something in order to determine intent. For the purposes of interpretation, “intent” more often than not also includes scope. Now in Attorney General v Faroe Atlantic Co. Limited (supra) this court expounded the meaning of the expression “an international business or economic transaction to which the Government is a party”, as used in article 181 (5), within a particular context, i.e. an agreement between the Government of Ghana and a foreign company. Where, in a subsequent matter, a party contends that the scope of the provision is broader and covers an agreement between the Government...