New Twist To GNPC $24 Million Drill Ship

The raging controversy over the sale of the Ghana National Petroleum Corporation�s (GNPC�s) oil drill ship for $24 million has deepened, as the Sole Commissioner investigating payments of judgment debts to institutions and individuals, Justice Yaw Apau, yesterday descended heavily on the Kufuor Administration for what he described as interference in the affairs of the state owned Oil Corporation. The attack came after the testimony of former acting Chief Executive Officer of the GNPC, Dr. Amos Ofori Quaah at yesterday�s sitting of the commission, where he indicated that his outfit was not directly involved in the sale of the ship, as there was no board of directors in place at the time. He told the judgment debt commission that because there was no board of directors, the ministry of Energy directed the affairs of the GNPC and that he was not aware of an order from any court for the disposal of the rig. Dr. Quaah, who is said to be domiciled outside the country, also informed the one-man Commission that a committee set up by GNPC on January 24, 2001 to assess the corporation�s marine assets, had advised against the sale of the ship to pay $19.5 million judgment debt to international financial advisors, Societe Generale. He however indicated that Societe General had obtained an injunction from a London court and detained the ship in far away Oman. Justice Apau said the Kufuor Government�s action in the sale of the ship in July 2001 to pay GNPC�s indebtedness of $19.5 million to Societe Generale without recourse to the Board of the corporation amounted to interference and usurpation of the powers of the board. The action, the Sole Commissioner maintained, was in contravention of the Ghana National Petroleum Corporation Law, 1983 (PNDC Law 64) that established the company. Quoting section 8 (1) of the law, the Court of Appeal Judge pointed out that �the Board of Directors shall, subject to the provisions of this law, have general control of the management, property, business and funds of the corporation and any affairs thereof.� He said the law was explicitly clear that it was only the GNPC�s Board that should okay the sale of the ship, questioning why the government failed to establish the Board but only ran to the corporation when it needed a power of attorney to sell the ship. The Drill Ship Mystery The sale of the oil ship had been shrouded in mystery, as key stakeholders including the Ministry of Finance and Economic Planning, Bank of Ghana (BoG), Ministry of Energy, GNPC and Societe Generale had all told the judgment debt commission that they had no records on the transaction. Information available to the Sole Commissioner investigating judgment debt and compensation payments to institutions and individuals had indicated that the oil ship was sold to pay a $19.5 million judgment dept granted to Societe Generale by a London Court. No Court Order However, the former GNPC CEO, Dr. Quaah, under whose tenure the corporation�s drill ship was sold, said as far as he could remember, the judgment debt payment was not ordered by the UK court. �To the best of my knowledge, I have never seen any court judgment or document on the transaction,� Dr. Quaah told Justice Yaw Apau. Indicating he was GNPC�s acting CEO from March 2001 to March 2002, he however, admitted Societe Generale had sued the corporation in the London court as a result of a hedging contract signed in the 1990s in which the state-owned oil corporation incurred debts. The hedging was carried out by Tsatsu Tsikata when he was the CEO of the corporation. According to him, the GNPC was indebted to Societe Generale as a result of interest and cost on the transaction to the tune of $47 million. He said when he took office, the handing over notes and the information he got from the corporation�s legal counsel highlighted the case. According to him, while the case was ongoing, there were also efforts to settle it out of court. He said eventually, there was an out-of-court settlement for a lesser amount between Societe Generale and the Ministry of Energy, which was virtually directing affairs at GNPC at the time of the negotiations because the corporation had no board of directors in place. He indicated that after the out-of-court settlement t he drill ship was sold in July 2001 for $24 million and out of the amount, $19.5 million was paid to Societe Generale, $1 million for legal fees and $3.5 million paid into the government kitty. However, the whereabouts of the $3.5 million reportedly paid into government�s coffers still remained a mystery as the Bank of Ghana (BoG) and Ministry of Finance, controllers of the national purse, had both told the judgment debt commission they had not been able to locate records relating to the sale of the ship. Dr. Quaah told the commission that because there was no board in place, he had to sign a power of attorney to enable the former deputy Energy Minister, K.T. Hammond, who was already in London for the negotiations, to sell the ship. According to him, he was called by the then Attorney General, Nana Addo Dankwa Akufo-Addo and directed to append his signature to an already prepared power of attorney for the disposal of the ship. No Information He said no information was given to GNPC after the sale of the ship and that he had to meet K.T. Hammond upon his return from London to find out about the transaction. However, the former GNPC boss claimed K.T. Hammond told him that he (Dr. Quaah) was not the one who sent him to London but President Kufuor, so he would not disclose any information regarding the sale of the drill ship to him. Dr. Quaah indicated he had to write to then Energy Minister, ALber t Kan-Dapaah, who gave him the breakdown of the disbursement of the $24 million since he did not have much knowledge about the transaction.