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Prof. Akosa battles A-G in CPP suit against ECG privatization

kencitymediagh
Jun 9, 2016
2 min read

The Human Rights Court has adjourned a case in which an opposition party, the Convention Peoples' Party (CPP) is challenging government’s intended privatization of state-owned power distribution company Electricity Company of Ghana (ECG).

The court in Accra has set June 9 and 10 to continue hearing the case filed by five CPP members, including a former presidential aspirant, Prof Badu Akosa.

The other four are Ms Dede Amanor Wilks, a development specialist, Naa Kordai Assimeh, a legal practitioner; Mr. Kingsley Kwasitsu, a retired teacher; Dr Adolph Lutterodt, an educationist.

The five filed the suit last November and named the Attorney-General, the Minister of Power and the ECG as defendants.

They are praying the court to grant “an order of perpetual injunction directed at the defendants restraining them, their principals, agents, privies, workers howsoever or otherwise whosoever from carrying out any operations or activities geared towards the privatization or dismemberment of the ECG in any way or manner as intended by the government”.

Government announced last year it is seeking a private partner to take over the management of the power distribution company.

The plaintiffs and the Public Utilities Workers Union (PUWU) agree that the move will be inimical to the fortunes of the ECG.

The two groups believe that if government pays up its $500 million debt owed ECG, the company will become profitable hence no need for privatization. PUWU believes government is only trying to run away from the company’s real problems.

Government has maintained that it is not privatizing ECG. It is only giving it out on a concession.

But in court Tuesday, Prof. Badu Akosa said government was acting deceitfully because there is no difference between concession and privatization.

Counsel Grace Oppong who represented the Attorney General had sought to suggest a difference explaining that once the assets of ECG remain in government’s control, the company cannot be said to be privatized.

Prof Akosa in his response said once 70 percent of the revenue raised by ECG is going to the private partner in the intended arrangement, government is effectively privatizing ECG.

He explained that the assets are used to generate revenue and government which receives 100 percent revenue generated by ECG will be left with 30 percent if the privatization goes according to government’s plan.

Counsel Oppong then challenged the witness's source of information about the 70/30 percent profit share, which Prof Akosa said was in the public domain.