[2021]DLCA10063 • February 25, 2021 • Court of Appeal
THE REPUBLIC vs. NATIONAL PETROLEUM AUTHORITY, EX PARTE GHANA LPG OPERATORS ASSOCIATION (GLIPGOA) TORGBI ADAKU V
Following a gas explosion at an LPG retail station at Atomic Junction, Accra, on 7 October 2017, the President, acting on the advice of the Council of State, directed the National Petroleum Authority (NPA) to implement the Cylinder Recirculation Model Policy. The NPA implemented the policy through a document titled “National Liquefied Petroleum Gas Policy and the Cylinder Recirculation Model,” which classified existing LPG retail stations into high-risk and low-risk stations. Under the new regime, high-risk stations were to sell pre-filled LPG cylinders, while low-risk stations were to sell autogas. The applicants, members of the Ghana LPG Operators Association (GLIPGOA), contended that this policy unlawfully varied the scope of licences previously granted under the National Petroleum Authority Act, 2005 (Act 691), and that the policy was void for inconsistency with Act 691 and for unreasonableness and illegality under article 23 of the 1992 Constitution. [Portions relied on: opening factual narrative beginning “The facts upon which the Appellants filed the judicial review application…” through the description of the reliefs sought.]
read moreADJEI, J.A: The Applicants filed an application for judicial review under Order 55 of the High Court (Civil Procedure)Rules, 2004 (C.I.47) and subsequently filed an application for interlocutory injunction to restrain the Respondent from implementing the Cylinder Re-Circulation Model Policy and also from issuing licenses to any person to build LPG bottling plants. The application for interlocutory injunction was dismissed by the High Court on 2nd July, 2018 that the Applicants failed to demonstrate any hardship they would suffer if the injunction was not granted. The Applicants on 4th October, 2019 filed an interlocutory appeal against the ruling of the High Court. The substantive judicial review application was heard and dismissed on 9th July, 2019 and the applicants dissatisfied and aggrieved by the said ruling filed an appeal against same to the Court of Appeal on 4th October, 2019. The facts upon which the Appellants filed the judicial review application in the High Court were th...