Court dismisses suit against ECG privatization

The High Court has dismissed an application by a member of the New Patriotic Party (NPP), Saaka Salia seeking an interlocutory injunction to halt the privatization of the Electricity Company of Ghana (ECG).

Mr. Salia sued the Millennium Development Authority (MiDA), arguing that it lacked the capacity to act as adviser in the concession arrangement for the ECG because its conduct breached Ghana’s laws after it authored and circulated a draft tariff methodology.

Joined to the suit was the Public Utility Regulatory Commission (PURC), the Attorney General’s office, and the Energy Commission.

Mr. Salia’s writ proclaimed that, the PURC, not MiDA was the body with exclusive mandate by law to provide guidelines for determining tariffs and levels of tariffs, and in doing so in the manner prescribed by Act 538.

But, ruling on the suit today [Tuesday], Justice Efua Novisi Aryene dismissed Mr. Salia’s application explaining that the applicant had no direct interest in the matter and that as an ordinary citizen of the country, what he was likely to suffer was the same as any other citizen will if the MiDA process is carried out.

Justice Aryene added that the applicant lacked capacity to place injunction on privatizing portions of the ECG as he appears to be a ‘busybody’ who was in court just to abuse the court process. He was slapped with GHC2000 fine thereof.

According to the lawyer of MiDA, Jerry Dei, the entire suit against his client has been struck out because “the plaintiff has been identified by the court as a busy body” who was just using the court process “to stall the work of government, the process being taken by MiDA, the Energy Commission and the PURC to better the energy situation in the country.”