A private citizen who took the Millennium Development Authority (MiDA) to court over the Electricity Company of Ghana (ECG) concession program says he would appeal Tuesday's ruling.  

Saaka Salia says the appeal is to ensure all legal avenues are exhausted as he believes an element of criminality in the case has been brushed aside by the court.

An Accra High Court ruled that the applicant seeking to injunct a process led by the US aid agency to put ECG on concession lacks the capacity to bring the case to court.

The Court presided over by Justice Norvisi Aryerne, said Mr Salia failed to show capacity which entitled him to bring the action. 

The ruling gives MiDA the go-ahead to engage shortlisted private investors, one of whom will be chosen to manage ECG for 25 years in a concessional agreement.

In exchange, Ghana is getting $500million from the US government.

However, Mr Salia says the court ruling is "incorrigible and anti-development" and at variance with recent verdicts which were in favour of individuals and private citizens. 

Below is his statement

Preliminary objection to SAAKA SALIA v. MiDA & others case – Energy Commission, PURC, AG betray Ghana 

I am disappointed at the decision of the High Court this morning in upholding the preliminary objection by MiDA and co that I did not have the capacity to bring the suit.

The decision that the matters do not concern me or affect me directly and so I cannot sue on them is dangerous for our democracy.

Several High Courts have rightly held that article 41(g) of the constitution, which is the basis for my going to court, empowers all citizens to do exactly what it says – i.e that “… it shall be the duty of every citizen to protect and preserve public property”. 

This is why patriots like Prof. Agyemang Badu Akosa and friends are currently in court against the Power Ministry and ECG over similar matters. A similar challenge on their capacity failed.

The decision that I cannot sue and that I do not have a reasonable action is regrettable, and I am going into discussions with my lawyers to consider an appeal. I am deeply saddened by the fact the Attorney-General’s Department and in particular the Energy Commission and PURC have made a u-turn to rather support the wrongdoers despite the fact that they were first to write letters complaining about the wrongs for which I went to court. What betrayal of citizens?

The Energy Commission wrote to my lawyers to admit that my complaint of forgery by MiDA and the IFC of the Commission’s logo for a draft licence, and my complaint of usurpation of the mandate of the PURC in circulating a tariff methodology for the ECG PSP transaction by MiDA and the IFC without the knowledge and inputs of these Ghanaian regulatory bodies are true.

These regulatory entities have also, through their lawyers, told the court that the things I complained about have been corrected or reversed. Well, it doesn’t matter that the issue of the admitted forgery is a criminal offense?

But just as Citizen Vigilante Martin Amidu is also relying on article 41 in the Supreme Court to assist the state retrieve the controversial 51m from Alfred Woyome, I still believe there must be a way to legally stop wrongs being done against citizens, if State institutions paid to protect the public interest and purse renege on their mandate for whatever reasons.

SAAKA SALIA