The Millennium Development Authority may face a possible contempt of court if it proceeds with its planned bidder’s conference over the privatization of the Electricity Company of Ghana.
MiDA, is one of the defendants in a lawsuit filed by a member of the opposition New Patriotic Party’s (NPP) communications team, Saaka Salia, that is challenging its [MiDA’s] competence to serve as an advisor in the concession arrangement for the ECG.
A letter written by Mr Saaka Salia and sighted by citifmonline.com cautioned MiDA to cancel the planned event to avoid being in contempt of court.
The letter said “This is in blatant contempt of court as an injunction is pending in court against defendants from proceeding with or in any way whatsoever dealing with or participating in any processes touching and concerning further activities or dealings with the ongoing PSP in ECG processes in proposed Concession for the Management of, Operation of, and Investments in the Electricity Distribution Business of the Electricity Company of Ghana Limited, until the case has been determined.”
“Please be guided that recently the Electoral Commission suspended receiving nomination fees for the 2016 elections when it was served with similar processes. It only called for those fees after the court had heard the application and dismissed it,” the letter added.
Read the full letter below:
MILLENNIUM DEVELOPMENT AUTHORITY
Dear Sir,
RE: CAUTION
It has come to my notice, rather shockingly, that you, a defendant in the case I filed impugning the ECG PSP, have slated a bidder’s conference for Monday 31st October here in Accra.
This is in blatant contempt of court as an injunction is pending in court against defendants from proceeding with or in any way whatsoever dealing with or participating in any processes touching and concerning further activities or dealings with the ongoing PSP in ECG processes in proposed Concession for the Management of, Operation of, and Investments in the Electricity Distribution Business of the Electricity Company of Ghana Limited, until the case has been determined.
All four Defendants have been served with the injunction application filed earlier this month and a first court attendance slated for Wednesday 2nd November 2016.
Please be guided that recently the Electoral Commission suspended receiving nomination fees for the 2016 elections when it was served with similar processes. It only called for those fees after the court had heard the application and dismissed it.
You are cautioned against this act in trying to overreach the courts of Ghana and treat them with disregard as you did and the Energy Commission accused you of forging its logo, and the PURC also accused you of usurping its mandate in the PSP process.
Be reminded that the court’s attention shall be duly drawn to this contemptuous act and all those participating cited for contempt.
Saaka Salia
Plaintiff
CC:
THE ATTORNEY-GENERAL – 1ST DEFENDANT
PUBLIC UTILITIES REGULATORY COMMISSION -3RD DEFENDANT
ENERGY COMMISSION – 4TH DEFENDANT
THE REGISTRAR – HIGH COURT OF JUSTICE, GJ, ACCRA
Background
Mr Saaka Salia in September 2016 sued the Millennium Development Authority (MiDA) over the planned concession of the Electricity Company of Ghana (ECG), arguing that MiDA is not fit to participate in concession arrangement for the ECG as an adviser.
According to him, MIDA is not fit to participate in concession because its conduct breached Ghana’s laws after it authored and circulated a draft tariff methodology.
In an interview with Citi News, Mr Salia said “the reason for the breach is that, MiDA as well as the IFC [International Finance Corporation] collaborated and forged a document purported to be coming from the PURC, and the Energy Commission and to that extent, they allowed that fraudulent document to fill the part of the transaction process.”
Suit against ECG concession ‘baseless’ -MiDA
Meanwhile, the Millennium Development Authority (MiDA) has described a suit filed against the Power Compact II which seeks to privatize part of the Electricity Company of Ghana as lacking merit.
In an interview with Citi News, the Chief Executive Officer of MiDA, Ing. Owura Sarfo said MiDA sees the suit as incompetent.
“We have been served a copy of the suit. I will not go into the merits of the case because the case is in court. But all I will say is that that suit is incompetent, that suit is of no merit and that suit is totally false,” he said.
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