Should all loans by GNPC go before Parliament?; Supreme Court to give judgment May 22
The seven (7) member panel, presided over by Chief Justice, Gertrude Torkornoo fixed this date after listening to the oral submissions of counsels in the matter.
The Supreme Court of Ghana will on May 22, 2024, give its verdict on whether the Ghana National Petroleum Commission (GNPC) ought to present all of its loan transactions to parliament for approval.
The seven (7) member panel, presided over by Chief Justice, Gertrude Torkornoo fixed this date after listening to the oral submissions of counsels in the matter.
Private Legal practitioner, Elikplim Agbemava, who is the plaintiff in this case against the Attorney General, argues that Article 181(3) of the 1992 Constitution compels all public instituttions or corporations including the GNPC to submit all loan applications to parliament for approval.
According to him, the above constitutional provision supercedes that of Section 10(15) of the Petroleum(Exploration and Production) Act, 2016(Act 919) which requires only borrowings exceeding a certain threshold to be presented for this purpose.
As such, the plaintiff is seeking among others a declaration that Parliament cannot falter or vary this duty placed on it by the constitution and same directed at the GNPC and other public bodies to submit all loan transactions to parliament for approval.
Attorney General
In its submission, the Attorney General’s Office which is opposed to the suit, indicated that Article 181(3) only concerns loans raised by the government for itself or for a public institution like GNPC.
Therefore, Senior State Attorney, Grace Oppong asserted that loan agreements by the Ghana National Petroleum Corporation(GNPC) without recourse to government ought not go to parliament.
Additionally. The AG established that per Section 10(15) of Petroleum(Exploration and Production) Act, 2016(Act 919), the GNPC would only need that approval when the loan exceeds a certain threshold for the purpose indicated but not always have to do so for every loan.
After listening to the both sides, the panel which also consisted Pwamang, Mensa-Bonsu, Asiedu, Gaewu, Adjei-Frimpong and Asare JJSC, adjourned to May 22 for the judgment.
