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ATTORNEY GENERAL v. BALKAN ENERGY GHANA LTD & OTHERS

2012

SUPREME COURT

GHANA

Areas of Law

  • Commercial Law
  • Constitutional Law
  • Contract Law
  • Civil Procedure

AI Generated Summary

The Supreme Court of Ghana interpreted Article 181(5) of the 1992 Constitution, determining that a Power Purchase Agreement (PPA) between the Government of Ghana and Balkan Energy (Ghana) Limited constituted an international business transaction requiring Parliamentary approval. However, the arbitration clause within the PPA did not itself constitute an international business transaction. This distinction is significant because it clarifies the application of Constitutional provisions to the Government's international business dealings, emphasizing the need for Parliamentary scrutiny of major but not all transactions. The Court highlighted that only significant transactions should require Parliamentary approval, avoiding impracticality. Parliament was urged to clarify the statute further.

JUDGMENT