Godfred Dame’s delay tactics didn’t work – Bright Simons reacts to govt losing Trafigura judgement debt case

The vice president of IMANI Africa, Bright Simons, has reacted to Ghana losing a judgment debt case in the United Kingdom to GPGC, a subsidiary of international commodities company, Trafigura.

In a post shared on X on October 18, 2023, Bright Simons accused Ghana’s Attorney General, Godfred Dame, of deploying delay tactics in the trial, which he indicated did not work.

He added that Trafigura, an oil trader, now has the power to sell Ghana’s assets in the UK since it has won $140 million.

“Ghana's Attorney General's delay tactics frustrated by the English courts as oil trader, Trafigura, moves to sell Ghana's assets in the UK.

“Trafigura won a $140m arbitral award against Ghana for the termination of a power deal by the State in 2021,” he wrote.

The IMANI vice president shared a supposed document from the court which ordered the government of Ghana (GOG) to pay the full value of the Early Termination Payment of $134,348,661 together with “Mobilisation, Demobilization and preservation and maintenance costs” of the value.

The government of Ghana was also to pay the cost of arbitration and the legal representation of GPGC.

Background:

A High Court in the United Kingdom has thrown out the Government of Ghana's challenge on processes used to serve the country proceedings relating to a judgment debt claim by GPGC, a subsidiary of international commodities company, Trafigura.

The company sued the Ghana government over the termination of two power deals and was awarded a judgment debt of US$140 million by a UK court.

Ghana contended, however, that the company under existing laws had to serve the government through diplomatic channels contrary to a ruling that allowed them to use alternative services.

The High Court ruled that Ghana's move to invoke the State Immunity Act provisions as the basis for which Trafigura could not serve them judgment debt documents via post and email was untenable.

Trafigura, via email, went through the finance ministry in serving the court documents with all correspondence duly acknowledged and court dates agreed as GoG asked its lawyers to engage with the company.

"Trafigura, a multinational commodities-trading company based in Singapore, is the majority owner of GPGC, a power company which secured the award in January 2021 after an arbitral tribunal found that Ghana had unlawfully terminated a contract for the installation and operation of two power plants," Global Arbitration Review wrote in an October 13 publication.

In GPGC v The Government of the Republic of Ghana, GPGC was represented by James Willan KC and Catherine Jung of Essex Court Chambers, instructed by Stephenson Harwood.

Ghana was represented by Stephen Houseman KC and Luke Tattershall, also of Essex Court, instructed by White & Case.

BAI/OGB

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