An Accra High Court (Commercial Division) last Thursday adjourned the hearing of a motion on notice for an interlocutory injunction to restrain Tullow Ghana Limited from re-awarding any petroleum contract being executed by indigenous Ghanaian companies to foreign joint venture companies.
The motion was brought by the plaintiff pursuant to a writ of summons issued against Tullow Ghana Limited by Ghana Oil and Gas Service Providers Association.
The Association, who filed the suit, in a motion for interlocutory injunction, said it was seeking the order of the court to restrain Tullow Ghana Limited, its agents, assigns and any person acting under their instructions from violating the Local Content and Local Participation, (Amendment) Regulations 2021 (LI 2435) in the award of petroleum contracts in Ghana pending the determination of the suit.
The plaintiff said the decision to sue followed many complaints that services reserved for indigenous Ghanaian companies under the laws in the upstream oil and gas sector were being taken away and awarded to foreign venture companies.
Plaintiff said it raised the concerns of the indigenous companies with Tullow in a petition in June 2022 highlighting that any award of contract reserved for indigenous Ghanaian companies to foreign joint venture companies after February 17, 2022, would be in violation of the existing laws regulating the award of petroleum contracts reserved for local businesses.
However, in its response to the petition, the defendant vowed to continue with the award of contracts exclusively reserved for indigenous companies to foreign joint venture companies.
The plaintiff said the action of the defendant if not restrained by the court would lead to the mass unemployment of skilled Ghanaians in the upstream oil industry.
The defendant, therefore, prayed for a declaration that the award of petroleum contracts for the provision of goods and services exclusively reserved for indigenous Ghanaian companies under Petroleum (Local Content and Local Participation Regulations) LI 2204 (as amended) by Petroleum (Local Content and Local Participation) (Amendment) Regulations 2021 (LI 2435) to Joint Venture Companies in Ghana by the defendant was Illegal.
They also wanted a declaration that the award of any petroleum contracts for provision of goods and services reserved exclusively for indigenous Ghanaian companies under Petroleum (Local Content and Local Participation Regulations) LI 2204 (as amended) by Petroleum (Local Content and Local Participation) (Amendment) Regulations 2021 (LI 2435) to joint venture companies in Ghana by the defendant is null and void.
The plaintiff seeks an order from the court directing the defendant to cancel every contract awarded for the provision of goods and services in contravention of the provisions of Petroleum (Local Content and Local Participation Regulations) LI 2204 (as amended) by Petroleum (Local Content and Local Participation) (Amendment) Regulations 2021 (LI 2435)
“Damages in favour of the plaintiff against the defendant,” the plaintiff said.
At the hearing of the suit, the legal representative of Tullow Ghana requested more time to respond to the application filed by the plaintiff.
The court also advised parties to seek an amicable resolution of the matter; the case was thereafter adjourned to the 10th of October, 2022 for hearing of the motion.
