The Sekondi High Court has refused the application by five Members of Parliament for government to remove restrictions on further expansion of oil and gas facilities at the Takoradi Port.
In July, Parliament approved an agreement between the government of Ghana and British company, Lonrho Ports, for the development of an oil and gas free port at Atuabo.
Clause 7 of the agreement bars Takoradi Port from further expanding its facilities for oil and gas until Lonrho builds its freeport, recovers all its costs, and makes enough profit.
The petitioners – Kwaku Kwarteng, Obuasi West; Kwabena Okyere Darko, Takoradi; Joseph Cudjoe, Effia; Mavis Hawa Koomson, Ewutu Senya and Kofi Brako, Tema Central – had argued that the clause is illegal.
But the Sekondi High Court said it cannot question a decision of Parliament when due processes have been followed, Radio Maxx’s Nana Adwoa Entsuah who monitored proceedings in court, told Joy News.
Justice Kwabena Ababio who heard the case advised the MPs to turn to the legislative body to have its decision overturned.
Counsel for petitioners, Alexander Abban disagreed with the court's position that it cannot question parliament’s decision.
“Article 181 clause 1 up to 5, the processes there are not legislative processes, they are administrative processes and to that extent, whatever comes out is amenable to the challenge of the court.”
He further stated “we on our part, at least have the right of appeal, we will exercise that right fully”.
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