Ndebugre Vrs Attorney General [2016] GHASC 12 (20 April 2016)

Ndebugre Vrs Attorney General [2016] GHASC 12 (20 April 2016)

The Minister for Energy was justified in terminating the petroleum agreement without recourse to Parliament because the agreement was void ab initio for violating section 23(15) of PNDCL 84, and Parliament's ratification could not validate an illegal contract. Payment of $29,000,000 to Aker ASA for data was lawful as a separate commercial transaction, not as compensation under the void contract.

Citation
[2016] GHASC 12
Parties
Plaintiff: John Akparibo Ndebugre; 1st Defendant: Attorney General, Minister of Justice; 2nd Defendant: Aker ASA; 3rd Defendant: Chemu Power Company Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 April 2016
Procedural Posture
Constitutional Interpretation / Public Interest Litigation / Judgment
Outcome
Plaintiff's claims dismissed
Legal Topics
Parliamentary Ratification, Termination of Contracts, Illegality of Contracts, Restitution, Delegation of Legislative Power
Source Language
English
Constitutional Law Contract Law Natural Resources Law Parliamentary Ratification Termination of Contracts Illegality of Contracts Restitution Delegation of Legislative Power

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Parties

John Akparibo Ndebugre

Plaintiff

Attorney General, Minister of Justice

1st Defendant

Aker ASA

2nd Defendant

Chemu Power Company Ltd

3rd Defendant

Procedural Posture

Constitutional Interpretation / Public Interest Litigation / Judgment

Legal Issues

  1. 1 Whether the Minister for Energy can terminate a Parliament-ratified petroleum agreement without recourse to Parliament
  2. 2 Whether payment of $29,000,000 to Aker ASA upon termination was lawful
  3. 3 Whether the Petroleum Agreement violated section 23(15) of PNDCL 84

Ratio Decidendi

The Minister for Energy was justified in terminating the petroleum agreement without recourse to Parliament because the agreement was void ab initio for violating section 23(15) of PNDCL 84, and Parliament's ratification could not validate an illegal contract. Payment of $29,000,000 to Aker ASA for data was lawful as a separate commercial transaction, not as compensation under the void contract.

Court Disposition

Plaintiff's claims dismissed

Orders

  • Reliefs (a) and (b) dismissed: No declaration that Minister lacked power to terminate without Parliament's approval
  • Reliefs (c) and (d) dismissed: No order for recovery of $29,000,000 from Aker ASA