Suit against private participation in ECG - Court declines action
Plans by the government to ensure private participation in the Electricity Company of Ghana (ECG) can now proceed unimpeded after a suit challenging the initiative was yesterday dismissed by the Accra High Court.
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The suit by a farmer, Mr Saaka Salia, was thrown out after the court, presided over by Mrs Justice Novisi Afua Aryene, had held that the plaintiff lacked the capacity to initiate such a case.
According to the court, Mr Salia had failed to demonstrate that he would suffer any form of hardship or injury as a result of the planned concession of parts of the ECG.
It also held that it was not enough for the plaintiff to allege that the various parties involved in the planned concession of the ECG had acted contrary to the law or he initiated the action in the public interest.
“He must also demonstrate that he has a special interest or he has sustained some special damage greater than that sustained by an ordinary member of the public.
“The action, therefore, fails for lack of capacity,’’ it held.
The court awarded costs of GH₵5,000 against the plaintiff.
The dismissal of the suit followed a preliminary legal objection raised by one of the defendants, the Millennium Development Authority (MiDA), challenging the capacity of the plaintiff in initiating the legal action.
Court not a playground
The court, in upholding the preliminary legal objection, averred that one must have locus standi (capacity) to initiate a court action in order to prevent an abuse of the court system.
“This is to protect the court from being used as a playground by professional litigants and busy bodies who have no real stake in a subject matter of a suit,’’ it held.
Disappointment
Mr Salia, after the dismissal of the suit, expressed his disappointment with the court’s decision and hinted at appealing against the judgement.
In an interview later, he said he went to court to fight for what he described as the “interest of the public.”
“For the court to rule on the matter based on technicalities is very disappointing. Personally, I feel the case is not over yet. I will carry on to its logical conclusion. To leave this case at this stage will be an injustice,’’ he said.
Suit
Mr Salia dragged the MiDA, the Public Utilities Regulatory Commission (PURC), the Energy Commission (EC) and the Attorney-General (A-G) to court over the planned concession of parts of the ECG.
He accused MiDA of illegally authoring documents on the ECG’s tariff methodology and electricity distribution and sale licence without recourse to the PURC and the EC.
According to him, the move by MiDA usurped the powers of the PURC and the EC.
The plaintiff also claimed that MiDA, in collaboration with its consultant, the International Finance Corporation (IFC), allegedly used the letterhead of the EC in authoring the said document without permission from the commission.
He, therefore, sought the court to restrain the Attorney-General, the PURC and the EC from proceeding with, dealing with or participating in any process concerning concession arrangements with which the circulars in contention were associated.