Credit Godfred Dame for Ghana's US$393 million tax arbitration victory against Tullow Ghana — NPP

Member of Parliament (MP) for Okaikwei Central Patrick Yaw Boamah has credited former Attorney-General Godfred Yeboah Dame and officials within the Finance Ministry for Ghana’s victory in the US$393 million tax arbitration case involving Tullow Ghana Limited.

He made the comments in a post while reacting to Finance Minister Dr Cassiel Ato Forson’s September 30 statement announcing the International Chamber of Commerce (ICC) tribunal’s ruling in favour of Ghana. The tribunal dismissed Tullow’s claims and upheld the Ghana Revenue Authority’s US$393,091,993.70 tax assessment.

Boamah said a significant part of the legal work that eventually led to the ruling was undertaken before the change of government in 2025.

He pointed to the filing of the arbitration, Ghana’s responses, the composition and challenge of the arbitral tribunal, the appointment of lawyers and the filing of witness statements as some of the major steps taken before 2025.

According to him, Tullow filed its request for arbitration in February 2023, after which Ghana filed its response and counterclaim in April that year. Ghana also challenged Tullow’s nominated arbitrator, Alistair Schaff KC, with the ICC Secretariat subsequently upholding Ghana’s objection.

Boamah said Ghana later appointed Washington-based law firm Foley Hoag LLP to represent the country in the arbitration, while Tullow filed its Statement of Claim in May 2024.

Ghana responded with its Statement of Defence in September 2024, supported by witness statements from four factual and legal witnesses.

“The above constitutes only a little bit of the many procedural steps taken between 2023 and 2025 to contest the arbitration claim instituted by Tullow Ghana Limited,” he wrote.

He said the history of the case showed the need to recognise the contribution of Dame, who was Attorney-General during much of the period when those steps were taken.

“I have taken the pains to set out the above to illustrate the noble work done by the former Attorney-General, consistent with his dedication to the stout defence of arbitration claims against the Republic, to set Ghana on the course to victory in this matter,” Boamah said.

“As a nation, we should give credit where it is due.”

Boamah also claimed that the case took a different turn after the NDC government assumed office in June 2025, saying Ghana and Tullow subsequently explored a settlement involving the tax arbitration and a separate insurance-related dispute.

He alleged that Tullow signed Terms of Settlement under which the government would have accepted about US$150 million to settle the two tax claims.

“But for the last-minute intervention of lawyers within the Ministry of Finance, the Minister for Finance was going to sign his part of the Terms of Settlement. Kudos to those civil servants!” he wrote.

The ICC tribunal has now dismissed Tullow’s claims and upheld the GRA’s assessment in full. It also found that the assessment did not breach the applicable Petroleum Agreements, that the penalty was properly applied, that the assessment was not time-barred and that the GRA’s enforcement action was lawful.

Forson has said government will continue discussions with Tullow over outstanding tax matters while working to implement the tribunal’s award and protect the company’s continued operations and investment in the Jubilee and TEN fields.