An Accra High Court has ruled that a suit seeking to injunct a process led by US aid agency Millennium Development Authority (MiDA) to put power company Electricity Company of Ghana (ECG) on concession lack the capacity to bring the case.
The court, presided over by Justice Norvisi Aryerne, said Saka Salia, a private citizen failed to show capacity entitling him to bring the action.
The ruling gives MiDA the go-ahead to engage shortlisted private investors one of who will be chosen to manage ECG for 25 years in a concessional agreement.
In exchange, Ghana is getting $500million from the US government.
A member of the Truth & Accountability Forum Saka Salia battling the privatisation plan, sued MiDA last September and prayed the court to annul the deal because of alleged fraud.
He accused MiDA of forging documents of two energy sector regulators, Public Utility and Regulatory Commission (PURC) and the Energy Commission to endorse the deal.
He said the two regulators had been sidelined in the transaction meetings and there was a plan to take over their constitutionally-mandated functions.
"To the extent that those forged documents are still in the system the transaction should not be made to stand,” he said in an interview before the case was determined.
Lawyers for MiDA raised a preliminary objection, questioning Mr. Salia's capacity to bring the suit.
Justice Norvisi Aryene in her ruling said the injunction request once granted, will open the flood gates for persons to abuse court processes to halt government projects.
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