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Opinions of Saturday, 2 August 2014

Columnist: Daily Post

Arrest Joe Ghartey Too

Since the Supreme Court’s ruling on Tuesday, July 29, 2014, ordering businessman Alfred Woyome to return to government coffers the sum of GH¢51.2million paid to him as judgement debt, some leading members of the NPP have gone on the offensive calling for the arrest of Former Attorney-General, Betty Mould-Iddrisu.


MP for Assin Central, Kennedy Agyapong, addressing NPP supporters at the Central business District of Accra soon after the Supreme Court ruling called for the arrest of Mrs. Mould-Iddrisu, because according to him, she used illegal means to pay the money to Alfred Woyome.


Obviously, Ken Agyapong’s call for Betty’s arrest is predicated on the ruling of the Supreme Court that the contract based on which Alfred Woyome was paid was null and void because per article 181 of the 1992 constitution, parliamentary approval was not sought for it (the contract).


Article 181 of the 1992 Constitution of Ghana holds that a contract between the government of Ghana and a second party is legal only if it receives parliamentary approval. It is based on this article that the Supreme Court ruled that the Woyome’s contract was illegal for which Kennedy Agyapong wants Betty arrested.


Now, an American businessman and investor, James Stocks, speaking to the ‘Daily Post’ from his Ohio base in the United States of America believes that if Betty is to be arrested, then current second Deputy Speaker of Parliament, Hon Joe Ghartey must be arrested too.


Joe Ghartey was the Attorney General in 2007 when a contract was entered into between the government of Ghana and Balkan Energy Ghana Limited, a wholly owned subsidiary of Balkan Energy LLC of the United Kingdom.


Under his watch as Attorney-General, the Government of Ghana entered a 20-year lease agreement with Balkan Energy Ghana, to refurbish and operate the power barge, initially using diesel fuel and later using gas to be delivered by the West African Gas Pipeline.


Balkan Energy promised to begin operations within 90 days after the lease agreement had been signed.


They were also expected to increase the barge's generating capacity by 60 MW, bringing it from its current capacity of 125 MW up to 185 MW.


The company failed to honour its obligations, forcing the Government of Ghana to proceed to court to annul the contract.


Ghana's Supreme Court ruled that the contract entered into by Balkan was null and void because it was not approved by Parliament.


Not impressed with the decision by the Supreme Court, Balkan Energy went to the Court of Arbitration with a suit of $3 billion compensation and $40 million of the contract value against Ghana for a wrongful abrogation of a contract it entered into with the Government of Ghana to manage the 125 MW Osagyefo Badge.


The Court of Arbitration awarded damages of $12 million against the government of G


As far as James Stocks is concerned, Joe Ghartey by executing that contract without parliamentary approval and with the contract culminating in Ghana paying $12million to Balkan energy has caused financial loss to the state for which he must be arrested.


“If Betty must be arrested, then Joe Ghartey must be arrested too. Kennedy Agyepong must not pick and choose who must be arrested. If Betty is guilty, Joe Ghartey is even more guilty and must be arrested as well” the American said.