News:
July 30, 2015
The five Minority Members of Parliament challenging the establishment of the Atuabo Free Port have dismissed media reports the case has been thrown out on appeal.
A statement copied to Myjoyonline.com stated that the appellants were yet to file their case at the court and it could therefore not be possible for any judge to throw-out a case that was yet to be filed.
“We wish to inform the general public that this is nothing but a media ploy designed by elements in Government to misinform the general public and to mislead financiers of the project,” Member of Parliament for Tema Central Kofi Brako said in the statement.
The five including, Obuasi West MP Kweku Kwarteng, Awutu Senya East MP, Hawa Koomson, Effia constituency Joseph Cudjoe and Kwabena Okyere Darko-Mensah, filed a suit at the High Court challenging the legality of the establishment of the Atuabo Free Port.
In July last year, Parliament approved an agreement between the government of Ghana and a British company, Lonrho Ports, for the development of an oil and gas free port at Atuabo.
Clause 7 of the agreement bars Takoradi Port from further expanding its facilities for oil and gas until Lonrho builds its freeport, recovers all its costs, and makes enough profit.
The five MPs described the clause as illegal and hoped the Accra High Court will rule in their favour. But the court did not.
The court presided over by Mr Justice Peter Kwabena Ababio, reminded the applicants that the country’s democratic process had in place separation of powers among the Executive, Legislature and the Judiciary and each one of those arms of government had to be seen to be supervising the other.
The judge said Parliament in approving the agreement did not violate any constitutional provision as it went through the process according to the Standing Orders of the House.
But the applicants were unimpressed and swore to appeal the ruling. Even before the appeal proceedings will begin, the applicants believe government is maneuvering with some false media reports which suggested the appeal has also been thrown out and that the project can now begin in earnest.
“We are not aware of any application by the Attorney General or Atuabo Freeport Ghana Ltd to dismiss our case. The said dismissal of our appeal, if it is true, happened on the blindside of we the appellants, and that is against the law. We would be taking steps to reverse these pointless manoeuvres by Government,” Kofi Brako said.
“As we have already stated, our determination to see the restriction on Takoradi Port removed would not be limited to litigation in the courts. We shall be deploying a comprehensive campaign to defend Takoradi Port and to protect the jobs of the many Ghanaians working there,” he added.
The MP further indicated they are even more convinced now that the deal was illegal and they will be pointing all that on appeal.
“Indeed, we have discovered that the creation of Atuabo Freeport under the Free Zones Act was itself unlawful. It is only under the Ghana Ports & Harbours Authority Act (PNDCL 180) that any port can be created in Ghana. And once created, such a port automatically comes under the regulatory oversight of the Ghana Ports & Harbours Authority.
The Free Zones Act only allows the President to declare an existing port a freeport. The Free Zones Act does not permit the President to create a freeport out of nothing. The creation of Atuabo Freeport outside the Ghana Ports & Harbours Authority Act was deliberately and unlawfully done (possibly under pressure from Lonrho Ports Ltd) to take Atuabo Freeport out of the regulatory oversight of the Ghana Ports & Harbours Authority. This is wrong. It poses a threat to national security,” the statement said.