Oil trader Trafugura has written to the Ministry of Finance threatening to seize Ghana’s assets in South Africa over the judgment debt.
The company in a petition dated September 23, expressed frustration over the government’s delay in resolving the debt, despite multiple attempts at negotiation.
in their petition, they said “Further to our letter of September 20th 2024, to which we have not yet received a response, we can confirm that we have today filed the relevant papers to commence enforcement of the arbitral award in South Africa. As a courtesy, we have enclosed at Annex 1 the filings with this letter as service on the Government of Ghana through diplomatic channels may take some months.
In addition to the 16 banks based in the United States that GPGC has subpoenaed, we plan to issue further subpoenas to US-based corporations with ties to the Government of Ghana later this week, with further action to follow.
“We would nevertheless like to reiterate the message of our previous correspondence, that we would prefer not to take any further enforcement action and instead to resolve the matter amicably by fully executing the settlement agreement, as soon as possible, ideally within this week, and receiving payment in accordance with the agreed schedule.”
Following the failure of the Government of Ghana to fully comply with an earlier tribunal decision from the United Kingdom, a District of Columbia Court in the United States has awarded a $111,493,828.82 judgment debt against Ghana in favour of the Ghana Power Generation Company (GPGC).
The court, in granting the Motion for Default Judgment in favour of GPGC, also ordered Ghana to pay mandatory post-judgment interest.
It is recalled that a court in the United Kingdom in 2021 awarded a $140 million arbitral against Ghana for the termination of a power deal with GPGC.
In addition, the government was asked to pay the cost of the arbitration and the legal fees of GPGC, which amounted to over $3 million.
Deputy Attorney-General Alfred Tuah Yeboah said although part payment was made, the state was unable to meet the installment payment plan.
Despite the ruling, Ghana only made partial payments totalling $1,897,692.40, leaving a significant outstanding balance.
Court documents reveal that the U.S. court served Ghana with the petition on January 23, 2024, through Shirley Ayorkor Botchwey, Ghana’s Minister for Foreign Affairs and Regional Integration. The documents were delivered in Ghana on January 29, 2024, with a signed confirmation of receipt.
The court determined that it had jurisdiction over the case, citing the New York Convention, which the U.S. has ratified, recognizing UK arbitral awards.
The court also noted that Ghana had expressly waived its sovereign immunity and committed to international arbitration under the power purchase agreement.
In his August 6, 2024, memorandum opinion, Chief Judge James E. Boasberg emphasized that the arbitral award between the non-U.S. parties arose out of a commercial relationship, which falls under the New York Convention.
The Convention requires that member states recognize and enforce such awards, regardless of the parties’ citizenship or domicile.
The post Trafigura petitions Finance Ministry over $134m judgement debt first appeared on 3News.
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