Boakye Agyarko, the former Energy Minister, has stated that holding him liable for a US$170 million judgement debt slapped on the government of Ghana by a Commercial Court in London for unlawful termination of a power purchase agreement with Ghana Power Generation Company (GPGC) does not make sense since he acted according to directives.
His comments come on the back of some persons, including the Ranking Member on Parliament’s Energy Committee, John Jinapor, suggesting that the former Minister should be held responsible for causing financial loss to the state.
Speaking on Accra-Based Citi FM, Mr Agyarko said he cannot be held responsible for the cancellation of the contract explaining that, he only acted on the orders of the Cabinet during the period of the termination.
“It is an act of ignorance and stupidity [to make such suggestions]. When a Cabinet decides on a matter, how does it become the personal decision of the individual who has to do the representation of Cabinet? To think like that means you are not even fit to participate in governance,” he said.
He further questioned that “a Cabinet takes a decision based on a report produced by a technical committee and the sector Minister is asked to go and implement the report then you say that it is the sector Minister’s personal liability?”
Following claims that Mr Agyarko did not take his time to engage stakeholders extensively on exploring other options instead of a cancellation of the agreement, he insisted that his hands were tied at the time and had no power to alter Cabinet’s command.
“I know that when I was in office, some people tried to get me to vary the report as approved by Cabinet and my position was clear that if you are a sector Minister and Cabinet approves, it does not lie within your remit to alter the decision by Cabinet. You cannot do that … so it amazes me that some people can stick their mouth and say that because I was Minister, I should be personally charged with the responsibility of that liability. It is ludic,” he added
Background
President Nana Adoo Dankwa Akufo-Addo cancelled the contract following a recommendation from a committee set up by the Ministry of Energy on orders of the Office of the President to review all power agreements in 2018.
In 2018, the GPCC dragged the government of Ghana to the United Nations Commission on International Trade Law (UNCITRAL) after an official termination of contract was issued demanding compensation from the government for a breach of the contract.
source: Ghana Web