[ 2014-10-25 ]

Court throws out Kwaku Kwarteng, four other MPs
The Sekondi High Court has refused the application
by five Members of Parliament for government to
remove restrictions on further expansion of oil
and gas facilities at the Takoradi Port.

In July, Parliament approved an agreement between
the government of Ghana and British company,
Lonrho Ports, for the development of an oil and
gas free port at Atuabo.

Clause 7 of the agreement bars Takoradi Port from
further expanding its facilities for oil and gas
until Lonrho builds its freeport, recovers all its
costs, and makes enough profit.

The petitioners - Kwaku Kwarteng, Obuasi West;
Kwabena Okyere Darko, Takoradi; Joseph Cudjoe,
Effia; Mavis Hawa Koomson, Ewutu Senya and Kofi
Brako, Tema Central - had argued that the clause
is illegal.

But the Sekondi High Court said it cannot question
a decision of Parliament when due processes have
been followed, Radio Maxx’s Nana Adwoa Entsuah
who monitored proceedings in court, told Joy
News.

Justice Kwabena Ababio who heard the case advised
the MPs to turn to the legislative body to have
its decision overturned.

Counsel for petitioners, Alexander Abban disagreed
with the court's position that it cannot question
parliament’s decision.

“Article 181 clause 1 up to 5, the processes
there are not legislative processes, they are
administrative processes and to that extent,
whatever comes out is amenable to the challenge of
the court.”

He further stated “we on our part, at least have
the right of appeal, we will exercise that right
fully”.

Source - MyjoyOnline

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