Commercial Court throws out PDS application against ECG asset management case

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A Commercial Court has dismissed PDS' case against the ECGA Commercial Court has dismissed PDS’ case against the ECG

• PDS has lost its case at the Commercial court, against the ECG

• The case was led in court by Attorney-General, Godfred Dame, for the government

• PDS was supposed to help the ECG in the management of ECG’s assets, and to make the utility provider more efficient

An application by the Power Distribution Services (PDS) challenging the cancellation of its operation licenses has been dismissed by the Commercial Division of the Accra High Court.

PDS sent in the application after the termination of a concession agreement it had with the government, through the Electricity Company of Ghana (ECG), to manage its assets.

A report by graphic.com.gh said that last year, the PDS dragged the government to the High Court with a judicial review application seeking the court to quash the cancellation of its operation licenses by the government.

Presiding over the case last Friday, July 2, 2021, Justice Akua Sarpomaa Amoah, threw out the application after she dismissed all the reliefs that the applicant sought, upholding the opposition to the application by Godfred Dame, the Attorney-General.

However, the judge did not offer full reasons for her decision, which is expected to be contained in her ruling filed at the court’s registry, the report added.

It will be recalled that PDS won a concession through a private sector participation (PSP) in the management of ECG’s assets, and to make the utility provider more efficient.

This was also to access the US$498 million that the US government had offered the country for its power sector under the power compact, or the US Millennium Challenge Compact II (MCC II).

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