MPs’ case against GNPC adjourned

An Accra Commercial Court has set January 7 to rule on the interlocutory injunction filed by three Minority Members of Parliament against the Ghana National Petroleum Corporation (GNPC), for securing a foreign loan without the approval of parliament.

Lawyer for the plaintiffs, Nana Asante Bediatuo, on Wednesday filed   a supplementary affidavit, which the defendants have now been served with.

Tony Lithur, counsel for the defendant, in a submission yesterday, told the court that he had received the supplementary affidavit to which he was yet to file a written submission in response.

Consequently, the court, presided over by Janapare Bartels-Kodwo, adjourned to January 7 to rule on the interlocutory injunction before it.

Plaintiffs want a perpetual injunction restraining the GNPC and its agents from contracting, securing, procuring or drawing down on a loan facility of $700 million or any other loan from any financial institution, whether situated in Ghana or not or embarking on any project, works and programmes without prior parliamentary scrutiny and approval.

The plaintiffs, Dr. Anthony Akoto Osei, MP for Tafo Pankrono, Dr. Mathew Opoku Prempeh, MP for Manhyia South and Samuel Atta Akyea, representing the Abuakwa South Constituency are seeking a relief in a writ filed before the court to declare that the GNPC contracting, procuring, securing or otherwise acquiring or drawing down on the loan facility or any other loan without prior approval of parliament as unconstitutional, unlawful, null and void.

They also sought a declaration that defendant’s decision to undertake a programme of projects without parliamentary approval was ultra vires and violated the Petroleum Revenue Management Act 2011 (Act 815) and therefore, null and void.

At the last sitting on Wednesday, December 3, the Lead counsel for plaintiffs, Nana Asante Badiatuo said, they had come across some documents of prominence to their case which they wanted to present in a form of supplementary affidavit before the court.

Defence counsel Tony Lithur, agreed to the request of the plaintiffs.

By Edem Mensah-Tsotorme   

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