Yeboah Vrs Electricity Company Of Ghana and Others [2016] GHASC 42 (28 July 2016)

Yeboah Vrs Electricity Company Of Ghana and Others [2016] GHASC 42 (28 July 2016)

The Supreme Court held that ECG and GNPC are distinct legal entities from government and their transactions, including the PPA and bank guarantee, do not constitute international business transactions to which government is a party under Article 181(5). The role of government in the transactions did not amount to an alter ego relationship. The issues raised had already been interpreted in prior decisions and did not warrant invocation of the Supreme Court's original jurisdiction. The Plaintiff failed to establish any breach of the Constitution.

Citation
[2016] GHASC 42
Parties
Plaintiff: Dr. Mark Assibey-Yeboah; 1st Defendant: Electricity Company of Ghana; 2nd Defendant: Ghana National Petroleum Corporation (GNPC); 3rd Defendant: The Attorney General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
28 July 2016
Procedural Posture
Constitutional Petition (original Jurisdiction) / Judgment
Outcome
Plaintiff's case dismissed in its entirety.
Legal Topics
Interpretation of Article 181(5) of the Constitution, Parliamentary Approval of International Business Transactions, Legal Personality of State Owned Enterprises, Jurisdiction of Supreme Court
Source Language
English
Constitutional Law Administrative Law Commercial Law Interpretation of Article 181(5) of the Constitution Parliamentary Approval of International Business Transactions Legal Personality of State Owned Enterprises Jurisdiction of Supreme Court

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Parties

Dr. Mark Assibey-Yeboah

Plaintiff

Electricity Company of Ghana

1st Defendant

Ghana National Petroleum Corporation (GNPC)

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Constitutional Petition (original Jurisdiction) / Judgment

Legal Issues

  1. 1 Whether the Power Purchase Agreement (PPA) between ECG and Karpower constitutes an international business transaction requiring parliamentary approval under Article 181(5) of the Constitution
  2. 2 Whether GNPC's issuance of a bank guarantee in support of the PPA required parliamentary approval under Article 181(1) and the Petroleum Revenue Management Act, 2011 (Act 815)
  3. 3 Whether the original jurisdiction of the Supreme Court was properly invoked

Ratio Decidendi

The Supreme Court held that ECG and GNPC are distinct legal entities from government and their transactions, including the PPA and bank guarantee, do not constitute international business transactions to which government is a party under Article 181(5). The role of government in the transactions did not amount to an alter ego relationship. The issues raised had already been interpreted in prior decisions and did not warrant invocation of the Supreme Court's original jurisdiction. The Plaintiff failed to establish any breach of the Constitution.

Court Disposition

Plaintiff's case dismissed in its entirety.