“There is nothing more frightening than a bustling ignorance.” – Johann Wolfgang Von Goethe.
And even more frightening is when the bustling ignorance is displayed by someone in a position to know better, who has the opportunity to influence many others.
A well-educated law professor and a leader of a notable think tank such as CDD-Ghana should speak from an informed position and not loosely.
The piece by H Kwasi Prempeh on his Facebook wall is very unfortunate and betrays honest intelligence on every level.
Prof. Kwasi Prempeh is totally wrong when he says there was a default judgment. How can there be a default judgment in this matter? Where is the default judgment? Although this is something I believe the learned professor should know, let me be very basic here.
A default judgment is where judgment is entered against a party for defaulting to defend an action. In this case, the action was fully defended by the State.
All processes in defence to the arbitration instituted in 2018 were filed, culminating in a full trial which lasted for about a week in August 2020. The final award in the arbitration was delivered on 26 January 2021.
So, how can one, let alone a whole law professor, say that there a default judgment? It is complete ignorance for anyone to allege that there was a default in defending the action.
Arbitration awards are in essence final. Indeed, clause 28 (f) (xvii) of the agreement with GPGC emphasized that the award was final and not subject to appeal.
The Government only sought to resort to ingenious ways to have recourse to an appeal under the English Arbitration Act by trying its luck with an appeal, even when no right of appeal did exist.
Any lawyer worth his or her salt should know this, the appeal was bound to fail.
However, it was pursued to strengthen the hands of the Government in negotiations after the award was made. Frankly, this is the first time that Ghana has tried to appeal an arbitral award because arbitral awards are always final.
Prof. H Kwasi Prempeh and his ilk should spare Ghanaians, who want to have an honest discourse on this subject matter, their ignorance and wrong misrepresentations of law and fact.
If they wish to speak to such matters, they should read the documents in the public domain.
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- Milo will need a miracle to qualify Ghana for Qatar 2022 – John Paintsil
- Tamale residents accuse Police of assault over illegal electrical connections
- Ablakwa to file another urgent question in Parliament over Akufo-Addo’s ‘extravagant’ foreign trips
- Fugees announce reunion tour, Ghana listed among countries
- Ghanaians celebrate first president with #KwameNkrumahMemorialDay
- Coup attempt fails in Sudan – State media
- Peace Council presents report to National Security about marginalised residents of Volta Region
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Cashew stakeholders call for research into developing new and improved cashew variant
Seth Tekper: Is government treating exceptional IMF SDR flows as appendix footnote?
Today’s front pages: Wednesday, September 22, 2021
Peugeot Landtrek Double Cabin 4×4 vehicle launched; assembling of Peugeot vehicles in Ghana to begin in March 2022
COCOBOD to sign $1.5 billion Syndication Loan for 2021/2022 cocoa season
Joy Business partners Canada-Ghana Chamber of Commerce to strengthen trade ties
Only fully vaccinated Ghanaians can travel to France without PCR test, quarantines – French Ambassador to Ghana
Police deny NPP executives’ bail request for 12 arrested protestors in North East Region
Police interdicts 4 officers who assaulted Tamale residents over illegal connection
Hasten SDGs implementation to build fairer, prosperous world – Akufo-Addo urges leaders
Fugees announce reunion tour, Ghana listed among countries
12 arrested over violence at Chereponi after release of MMDCE nominees list
Public workers in Tamale protest over 2020/2021 percentage in wages increment