The Commercial Court in Accra will on January 7, 2015
decide whether or not to stop the Ghana National Petroleum Corporation from
accessing a $700 million loan facility until the final determination of a suit
brought against the GNPC by three Members of Parliament (MPs).
It, however, granted permission to counsel for the
GNPC, Mr Tony Lithur, to file a written response to supplementary affidavits
which have been filed by counsel for the plaintiffs, Nana Bediatuo Asante.
Mr Lithur indicated he would file the written
submission today.
He, however, expressed reservations about the date for
the ruling with the explanation that it was too far but the court stuck to the
date.
The MPs were on Wednesday granted permission by the
court to file the supplementary affidavits.
The MPs are disputing some of the factual claims in
the GNPC’s affidavit in opposition.
For instance, the GNPC had claimed in its affidavit in
opposition that some of the oil proceeds that had been deducted to pay for the
public equity financing cost would be used to repay the loan.
But the MPs were of the view that such a move was
improper because the money was not GNPC’s.
GNPC had said the plaintiffs lacked capacity to bring
the action, but the plaintiffs argued that they were MPs who had direct
interest in upholding the constitution and the law.
According to the respondent, the plaintiffs, Mr Atta
Akyea, MP for Abuakwa South, Mr Matthew Opoku Prempeh, MP for Manhyia and Dr
Anthony Akoto-Osei, MP for Tafo Pankrono, did not have the locus to file the
suit and therefore the court must not entertain the action.
Background
The plaintiffs, on November 27, 2014, filed an
application for an order of interim injunction to restrain the GNPC from taking
further steps in pursuit of the $700 million loan it was seeking to access.
But the GNPC argued that it had done nothing untoward.
Mr Lithur argued that as a statutory institution, the
GNPC was conscious of its obligations and would not act to undermine the law.
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