Eric E. Essel writes Yes, there was no parliamentary approval, both in Bankswitch and in Balkan. And our Supreme Court has laid down a new yentua in Faroe Atlantic, Balkan, Waterville and Isofoton cases. Even in Klomega where the Supreme Court held that the parliamentary approval thing doesnt apply to statutory corporations, the judges left a foot in, and said that they would apply this parliamentary approval thing if they found that the statutory corporation was being used as the alter ego of the state. But as you can see, the jurisdiction of our Supreme Court ends at the 4 corners of our physical boundaries. International tribunals are teaching us that you cannot simply sign contracts, get the contractors to perform, fail to pay, and then run to hide behind the skirts of your Supreme Court, arguing that you failed to obtain your own parliamentary approval and so there is no contract. What is worse, the Supreme Court then says that the contractor must refund all monies that the government has paid, even quantum meruit, and there will be no restitution. HOW?? I cannot believe that Ghana honestly believed that this argument would wash anywhere outside Ghana. Well, it has always been the case that no one can take advantage of his own wrongdoing. My comment: Exactly my comment after the SC ruling on Waterveille and Isofoton. Infact I stated clearly; Ghana will never get a penny from its own wrong. This is pure wisdom. Thank you counsel. Lets get it right as a nation. #Lets watch it
Posted on: Sun, 20 Apr 2014 22:03:42 +0000
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