Suit against ECG rejected

Chief-JusticeAn Accra High Court yesterday dismissed a suit against the government over the move to privatise the Electricity Company of Ghana (ECG) and awarded GH¢5,000 to the defendants.
The dismissal followed an interlocutory objection raised by counsels for Millennium Development Authority (MIDA), Energy Commission (EC), Public Utilities Regulatory Commission (PURC) and the Attorney General (AG) over the capacity of the plaintiff, Saaka Salia, to initiate the suit.
The plaintiff told journalists after court proceedings that he was disappointed in the court for dismissing the case on technical grounds without considering the merit of the case.
Mr. Salia said he would pursue the case until the substantive matter is looked into.
The court presided over by Mrs. Norvisi  Afua Aryene, said the plaintiff failed to demonstrate to the court that he had any justifiable interest in the matter.
Salia, resident of Kotobabi, a suburb of Accra,  filed a suit against government over the plan to cede part of the operations of the ECG to a private company.
Joined to the suit which sought to stop the proposed Private Sector Participation (PSP) regarding the ECG were the A-G, EC, the PURG and MiDA.
On November 2, the court heard an interlocutory injunction raised by the plaintiff to restrain defendants from proceeding with participation in any processes concerning further activities in the ongoing PSP concerning the ECG.
Mr. Salia wanted a declaration by the court that PURC was 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.
Counsel for the plaintiff, Evelyn Anyenini, prayed the court for a declaration that electricity distribution and sale of licence was a forgery fraudulent, as its authors or circulators used the logo of the EC without prior knowledge and permission of the commission.
According to the plaintiff all the transactions concerning the concession arrangement for ECG, using the tariff methodology document were null and void.
The plaintiff wanted a  declaration that MiDA and its advisors circulating the document dated April 21 and 29, 2016 respectively, were not fit to participate in the concession arrangement for the ECG, and an order directed at the respondents to ensure strict and full compliance with Act 1997 (Act 541).


By Edem Mensah-Tsotorme

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