The Millennium Development Authority (MiDA) has been sued over its planned concession of the Electricity Company of Ghana (ECG).
The suit, filed at the Accra High Court by Saaka Salia, a member of the opposition New Patriotic Party’s (NPP) Communications team, among other things, challenges the privatisation of ECG and seeks a declaration that any transaction in that regard is null and void.
Included in the suit are the Public Utilities Regulatory Commission (PURC), the Attorney General’s Office and the Energy Commission.
Mr. Salia alleged that MIDA was not fit to participate in the concession process because its conduct breached Ghana’s laws, after it authored and circulated a draft tariff methodology.
The writ asserted that the PURC’s position as the body with exclusive mandate by law to provide guidelines for determining tariffs and levels of tariffs, and in doing so in the manner prescribed by Act 538.
Mr. Salia wants a declaration to the effect that, “the said electricity distribution and sale licence is a forgery and an act in fraud, particularly as its authors and/or circulators used the logo of the Energy Commission without prior knowledge and permission of the Commission.
He thus wants the court to declare that “all transactions or processes touching and concerning the said concession arrangement for the ECG using the said tariff methodology document are null and void,” and a further declaration that “all transactions or processes touching and concerning the said concession arrangement for the ECG using said electricity distribution and sale licence document are null and void.”
Explaining the decision to go to court, Mr. Salia said “the reason for the breach is that MiDA, as well as the International Finance Corporation (IFC) collaborated and forged a document purported to be coming from the PURC and the Energy Commission, and to that extent, they allowed that fraudulent document to fill the part of the transaction process.
“That is the reason why I decided to take them to court to get them to explain to the court and the Ghanaian people why the transaction should not be truncated after the forged document had been recovered,” he added.
Mr. Salia also claimed that, “there were documents to prove that the Energy Commission did not know about the forged documents.
By Times Reporter