Injunction On MiDA Participation in ECG - Court Decides On June 8

By Agnes Opoku Sarpong

The Commercial Division of the Accra High Court will on Friday June 8, decide whether to place an interrogatory injunction on an application by BXC Company Limited seeking to restrain the Millennium Development Authority (MiDA) from going ahead with Electricity Company of Ghana ECG concession deal.

A Consortium made up of a Ghanaian based company and Chinese partners, BXC Consortium dragged MiDA to court to place an injunction on the process to prevent private participation in the ECG being conducted by MiDA

The company is seeking damages of 4million dollars being the money used in preparing and submitting its bid as well as an indefinite injunction on MiDA from going ahead with the concession process.

MiDA disqualified BXC from the bidding process citing conflict of interest but the Consortium said the decision was arbitrary and unfair.

Moving the application for injunction, lawyer for BXC, George Amissah, told the court that his clients were wrongly and unfairly treated by MiDA.

He said the decision of MiDA to disqualify BXC was based on an allegation that they had contracts with the ECG which MiDA was aware of because his clients had notified MiDA of those contracts in a letter.

Counsel for BXC said the unfair treatment denied his client the opportunity to participate in the bid was enough grounds to halt any further process in relation to the concession.

Victoria Barth, counsel for MiDA, however, said her client would suffer the greatest damage if the concession process was stopped, adding that Ghana stands to lose $469 million if the concession is not concluded by September.

She said invitation to bid and entering the bid was not an agreement or a guarantee that BXC would be selected.

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