Accra High Courts
An Accra High Court yesterday dismissed the case filed by Saaka Salia, a member of the Communications Team of the New Patriotic Party (NPP), against the government over attempts to privatize the Electricity Company of Ghana (ECG) through the Millennium Development Authority (MiDA).
The court, presided over by Justice Norvisi Aryene, held that the plaintiff, Mr Salia had no locus to file the suit.
The judge indicated that although the action was brought in the public interest, the plaintiff failed to show that he would suffer any personal damage when the concession takes place.
In the view of the court, the plaintiff lacked the capacity and accordingly awarded a GH¢50,000 against him.
The plaintiff had dragged MiDA before the court, arguing that it’s not fit to participate as an adviser in the concession arrangement for the ECG because it authored and circulated a draft tariff methodology in breach of Ghana’s laws.
Salia’s writ, among others, asserted that PURC, not MiDA, is the body with exclusive mandate by law to provide guidelines for determining tariffs and levels of tariffs, as prescribed by Act 538.
Professor Agyeman Badu Akosa, a member of the Convention People’s Party (CPP) and four others, are also in court to prevent the takeover.
Prof. Akosa, Kinsley Kwasitsu Esq, Naa Kordai Assimeh, Dr. Adolf Lutterodt and Dede Amanor Wilks – all CPP members – have sued the government, arguing among other things that MiDA intends to conduct an international competitive tender to select a company with the expertise in investment, management and distribution of electricity to run the ECG before the end this year.
The plaintiffs were of the view that the government’s attempt to privatise ECG is inimical to the interest of Ghanaians.
Mr. Akwetey said it was risky to entrust the administration of ECG to a private company, especially when electricity is a security asset of vital national importance and value.
The plaintiffs’ lawyer stated that ECG’s control by any foreign or other private company would jeopardize the security of the country.
The plaintiffs contended that it was public knowledge that the government owed ECG $400 million, which has been withheld from the company deliberately in order to weaken the institution and prepare it for takeover by a private company to the detriment of Ghanaians.
By Jeffrey De-Graft Johnson
jeffdegraft44@yahoo.com