ZENITH BANK GHANA LTD vs. BALKAN ENERGY GHANA LTD REALTY ADVISORS INC. GOVERNMENT OF GHANA – GARNISHEE/JUDGEMENT DEBTOR GHANA REVENUE AUTHORITY – CLAIMANT NATIONAL PETROLEUM AUTHORITY – CLAIMANT

The Applicant, Zenith Bank Ghana Ltd, sought to enforce a judgment debt against the Government of Ghana by garnishing funds held in specified accounts of the Ghana Revenue Authority (GRA) and National Petroleum Authority (NPA) at the Bank of Ghana. The NPA and GRA opposed the garnishee application, arguing that their accounts are separate statutory entities and do not constitute Government of Ghana funds subject to garnishment. The NPA contended that the funds relate to the Energy Sector Levies Act, 2015 (Act 899), and thus are excluded from the consolidated fund under Article 176(2) of the 1992 Constitution. The GRA argued that its account holds operational and salary funds, not public funds payable into the consolidated fund. The Applicant contended that the funds are government monies and that the NPA and GRA are regulatory agencies acting as alter egos of the government. The Government of Ghana had previously paid the arbitration award to Balkan Energy UK, which the Applicant challenged as fraudulent and insufficient to discharge the debt.

Upon the grant of an Order for Garnishee Nisi against the Bank of Ghana to show cause why funds held by the said named bank in specified accounts of the Ghana Revenue Authority and National Petroleum Authority, on behalf of the Government of Ghana, should not be released in payment and satisfaction of the government’s debt owed the Applicant, the present claimants prayed this court to be heard. National Petroleum Authority [NPA] the first claimant in opposing this application, has argued that the Applicant is not entitled to garnishee the accounts of the NPA to satisfy a debt owed the Applicant by the defendant judgment debtor. Referring to the garnishee order dated 26/7/17 which ended with an order absolute, the NPA has urged on this court that matters relating thereto against the Government of Ghana as central government cannot be used to Garnishee the account of the NPA, as it is a creature of statute separate and distinct in character from the government. Referring to the estab.....