Trafigura’s Ghana Power Generation Company (GPGC) has raised concerns over the Government of Ghana’s failure to settle an outstanding $111 million judgment debt. The company has petitioned Ghana’s Finance Minister, Dr. Mohammed Amin Adam, urging the government to resolve the arrears promptly. In a letter addressed to the Finance Minister and copied to the Attorney General and Minister of Justice, Godfred Yeboah Dame, GPGC warned that it may resort to more drastic measures if the debt remains unpaid.
Specifically, the company has signaled that it may be forced to seize Ghana’s assets in South Africa and the United States of America, further escalating the dispute.
This move is not without precedent. In August 2024, GPGC took similar action when it briefly seized Ghana’s Regina House in the United Kingdom, a property used by the Ghana High Commission. This seizure was a result of Ghana’s failure to honor a payment agreement in connection with the judgment debt. While the seizure of Regina House was short-lived, it underscored the seriousness of the legal dispute and the lengths to which GPGC is willing to go to enforce its claims.
The origins of the dispute can be traced back to a power purchase agreement between GPGC and the Government of Ghana. The issue stems from the Ghanaian government’s decision to unilaterally terminate the agreement on February 18, 2018. The government’s actions were challenged by GPGC, which sought legal redress for the premature termination of the contract. On January 26, 2021, a UK tribunal issued a final ruling on the matter, finding in favor of GPGC. The tribunal concluded that the Government of Ghana had breached its contractual obligations, and as a result, Ghana was ordered to pay GPGC an early termination fee of $134,348,661.
The tribunal’s ruling was clear: Ghana had acted unlawfully by terminating the power purchase agreement, and it was liable to compensate GPGC for the breach. This decision marked a significant financial burden for the government, which was left to settle a substantial debt. However, despite the tribunal’s clear directive, the government has struggled to meet its financial obligations in full.
Of the $134 million owed to GPGC, Ghana has so far managed to pay only $23 million. This payment was made following the seizure of Regina House in the UK, which was a wake-up call for the government. However, a balance of $111 million still remains unpaid, and GPGC has expressed its frustration over the delay in settling the debt. In its letter to the Finance Minister, GPGC stressed the urgency of resolving the matter and hinted at further enforcement actions if the debt is not paid promptly.
The letter, which was also copied to the Attorney General and Minister of Justice, laid out GPGC’s concerns in no uncertain terms. The company gave the government a deadline of the end of this week to settle the outstanding balance. It warned that if the payment is not made by then, it may have no choice but to pursue more aggressive legal measures, including the seizure of Ghana’s properties in South Africa and the United States.
Despite these warnings, GPGC expressed a desire to resolve the matter amicably. In its correspondence, the company reiterated that it would prefer to avoid taking any further enforcement actions if possible. Instead, GPGC emphasized its willingness to work with the Ghanaian government to execute the settlement agreement fully and receive payment according to the agreed schedule. The company’s letter stated, “We would nevertheless like to reiterate the message of our previous correspondence, that we would prefer not to take any further enforcement action and instead to resolve the matter amicably by fully executing the settlement agreement, as soon as possible, ideally within this week, and receiving payment in accordance with the agreed schedule.”
The government now finds itself in a difficult position. With the threat of asset seizures looming, it must balance its financial obligations with the broader demands of managing the country’s economy. The debt owed to GPGC represents a significant liability, and any further delays in payment could result in further damage to Ghana’s international reputation. The seizure of high-profile assets, such as government properties in South Africa or the United States, would not only be financially costly but would also tarnish Ghana’s image on the global stage.
The legal dispute between GPGC and the Government of Ghana has been ongoing for several years, and the latest developments indicate that tensions between the two parties are reaching a boiling point. For Ghana, the financial implications of the judgment debt are considerable. As the country faces challenges on multiple fronts, including economic recovery and international trade, the pressure to resolve the GPGC matter is mounting.
For GPGC, the goal remains straightforward: to recover the money it is owed following the tribunal’s ruling. The company has already demonstrated its willingness to take decisive action to enforce the judgment, as seen in the seizure of Regina House in the UK. If the Ghanaian government fails to meet the latest payment deadline, it is likely that GPGC will proceed with additional enforcement measures, including the seizure of assets in other jurisdictions.
In the coming days, all eyes will be on the Government of Ghana and its response to GPGC’s ultimatum. The next steps taken by the government will be crucial in determining whether the matter can be resolved peacefully or if the dispute will escalate further. As Ghana faces the prospect of more asset seizures, the urgency of finding a solution has never been greater.
The ongoing dispute highlights the importance of honoring contractual obligations and the far-reaching consequences of failing to do so. For both Ghana and GPGC, the stakes are high, and the resolution of this matter will have significant implications for their future relations.
