Professor Stephen Kwaku Asare popularly known as Kwaku Azar, a US based Ghanaian private legal practitioner and professor of Accounting says the Attorney General and two foreign law firms hired by Government of Ghana must be blamed for the $170m Ghana Power Generation Company (GPGC) Judgement Debt.
According to him, despite the fact that the Attorney General’s Department could look into the case to do their very best to avoid the Judgement Debt, they were sleeping on the job and then went ahead to hire and pay two foreign law firms, Omnia Strategy and Volterra Fietta, to do their work for them.
He revealed that the Attorney General’s Department and the two foreign law firms failed to take advantage of the 28-day window afforded the Government of Ghana to challenge the arbitration panel’s decision that we should pay $170M to GPGC for terminating a contract.
According to him, out of the 28 days, Omnia only appeared in court on Day 25 to ask for an extension of 56 days.
The court was kind to grant the extension but not for the full 56 days and set March 8, 2021 as the new deadline.
“The government then found better things to do only to show up with a filing on April Fool’s day, this time represented by Volterra Fietta, with the excuse that it had been delayed by COVID and general elections.”
“The judge shut the door describing the delay as “significant and substantial” and the excuses as “unreasonable and intrinsically weak.”
He also questioned why the Attorney General’s Department and the two foreign law firms will sleep on the job, leading the country into this huge Judgement Debt.
According to him, “setting aside the reasons for the termination, which require a separate inquiry, the Attorney General and the foreign law firms should be held accountable for this inexcusable delay that has potentially cost us the opportunity to appeal the arbitration decision.”