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27.04.2015 Politics

Emergency Power plants: MP may head to Supreme Court

By Myjoyonline.com|Nathan Gadugah
Emergency Power plants: MP may head to Supreme Court
27.04.2015 LISTEN

Member of Parliament for Effutu says he may head to the Supreme Court to force the hand of Government to bring before Parliament, a contract that will bring in emergency power plants.

Afenyo Markin who is lawyer for New Juabeng South MP Mark Assibey Yeboah insists the deal cannot be wholesome without Parliamentary approval.

His client has already written to the President demanding that Government halts all work on bringing in the barges until Parliament considers the terms.

But the President is yet to respond.
While still waiting for that response Afenyo Markin says he will first file an urgent motion on the floor of Parliament to ask the Finance Minister why the agreement on the emergency power plants has not been brought to Parliament.

According to him, all attempts so far to get the Minister to come before Parliament with the contract have proven futile.

He added if Parliament fails to demand answers from the minister he would reluctantly proceed to the Supreme Court. Agreement

According to Afenyo Markins, the 400 million deal to bring in two power barges to rescue Ghana's crippling power crisis is an international deal and must receive Parliamentary approval.

The deal was signed between Electricity Company of Ghana and Turkish Company, Kapower last year. Government had promised that the power barges will be ready next year.

However, after a visit by MPs to ascertain the extent of work on the power barges, it was clear that the two barges were still under construction.

Instead of the April deadline given by Government, it is likely the barges may arrive in September. Rip off?

While admitting the country was in crisis and needed the power barges, he said it should not be done under fraudulent circumstances.

"The fact that we are in crisis does not mean businessmen should rip us off," he stated.

He does not understand how a contract for an emergency power plant would last for ten years.

It is "disappointing to see government officials appending their signatures to such a deal. If these government officials were running their own private businesses would they sign this agreement?" he asked.

"We are not here as father Christmas; this agreement should come to the House," he insisted. Banks' Role

Afenyo Markin also questioned the role by the financiers, particularly, Ecobank in getting on with a deal that has not been ratified by Parliament.

He said Ecobank, which has issued bank guarantees for the power barges must be guided by the Supreme Court Ruling on the Isofoton and Waterville cases.

The court held in those cases that per Article 181 (5) of the Constitution those contracts were international transactions and needed Parliamentary approval.

He maintained the Kapower deal is another international transaction and should be brought to Parliament.

He said if the deal is brought before Parliament, there will be sound arguments that will lead to the reduction of the cost component in the deal.

Government will not comment except to say it is concentrating on getting the power barges

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