Eastern Nzema chiefs want case out of court

The chiefs of Eastern Nzema Traditional Council have waded into the hearing of a motion at the Sekondi High Court in which five members of the New Patriotic Party (NPP) have sued the government over the restriction placed on any future Takoradi Port expansion project.

The chiefs, who are not parties in the case and are represented by a delegation led by Awulae Agamatu Agyan II of the Gwira Traditioanl Area, pleaded for out of court settlement of the mater.

According to the chiefs, the fact that the case was in court sent wrong signals to other investors that the atmosphere at the Atuabo area was not conducive for investments.

"So we are here to appeal to the applicants and talk to them to allow us to settle the matter out of court", the chiefs said.

However, all the parties in the case-the Applicants, the state and the third party (Lonrho Port), opposed the appeal from the chiefs insisting that since the matter was a legal one, it should be heard and settled by the court.

The plaintiffs said the motion was not to stop the construction of the port as had been perceived but to seek the court's interpretation on aspects of the government's agreement with Lonrho which imposed restriction on Takoradi Port expansion.

Earlier a State Attorney, Madam Frances Molen Ansah, prayed the court, Presided over by Mr Justice Kwabena Ababio, for a short adjourned date to enable her outfit file the state's application in opposition.

She explained that instead of serving the Sekondi Office of the Attorney's General Department, the motion was served on Accra office of the AG and that it was only Wednesday night that she was informed about the case.

To this end, she prayed the court for a short adjourned date to enable her outfit study the motion well and file an affidavit in opposition.

Counsels for the applicants, Alex Abban and Lonrho Port, .DK Letsa did not oppose the appeal from the State Arttoney and the court accordingly adjourned hearings to September 10.

It would be recalled that five Members of Parliament sued the government over the restriction of the expansion of the Takoradi port as indicated in Clause 7 of the agreement by government with the British company, Lonrho Port, constructing a free port at Atuabo in the Western Region.

The five MPs are Kwabena Okyere Darko, . forTakoradi, Kwaku Kwarteng, Obuase West, Joseph Cudjoe, Effia, Mavis Hawa Cudjoe, Ewutu Senya and Kofi Brako, Tema Central.

According to the MPs, they feared that the approved agreement between the government and the British firm for the development of an oil and gas free port in the Western Region might stall progress at the Takoradi port.

They claimed that the agreement actually barred all persons and companies from building any oil and gas port facilities in the Western Region until Lonrho had recovered its investment and made its profit.

They therefore insisted that the restriction imposed on Takoradi Port was unlawful and that the move offended Section 5 of the Ghana Ports and Harbours Authority Act.