The Economic Community of West African States (ECOWAS) court of Justice has dismissed a suit filed against the Agyapa Royalties deal by the Ghana Integrity Initiative and Transparency International Ghana.
In this regard, the court would not be ordering the government of Ghana to stop the sale of the country’s gold royalties through the Agyapa deal.
The court dismissed all the reliefs of the plaintiff, Transparency International and its subsidiary, Ghana Integrity Initiative, during a virtual hearing held on July 11, 2023
The Matter in the Community Court of Justice of The Economic Community of West African States was between Transparency International, Ghana Integrity Initiative and Ghana Anti-Corruption Coalition and The Republic of Ghana.
Amongst other things, the Applicants sought for the following reliefs:
- A declaration that Defendant’s actions towards entering into a relationship agreement with MIIF and Agyapa Royalties Ltd in respect of transactions surrounding the sovereignty of Ghana over its gold mineral resources in perpetuity constitutes an interference with the rights guaranteed under Article 21(1) of the African Charter on Human and People’s Rights as well as violation of Articles 2(1) and (2), 3(1), 16(1) and 17(3) of the revised African Convention on the conservation of nature and natural resources (Revised Maputo Convention).
- An order restraining the Defendants from implementing the Agyapa deal and cancelling or terminating the already existing contract.
- An order mandating the Defendants, where it desires to raise immediate funds from Gold Royalties to start the planning, impact assessment, consultations, and other preparations in line with its International Human Rights Law obligations.
- An order mandating the Defendant’s to undertake a thorough and impartial investigation into the alleged corruption offences and ensure that any alleged perpetrators are brought to justice and held accountable for any violations.
- An order mandating the Defendant’s to immediately review its existing national laws and policies to;
- Provide adequate and effective safeguards against the violation of the right to free disposal of wealth and natural resources by public officials and public bodies.
- Follow revised ECOWAS Treaties fundamental principles enshrined in Article 4(g) and (h) and ensure compliance with its Article 31
- Ensure that any entity with the function of sovereign of sovereign wealth fund fund complies with the best international standards, such as the Santiago Principles.
- Other consequential orders as this Honorable Court may deem fit to grant in the circumstance.
The Court upheld the A-G’s preliminary objection against the 1st Applicant (Transparency International) on the basis that it was not a member of the ECOWAS States or a citizen of ECOWAS.
The Court proceeded to hear the substantive matter, and dismissed the Applicants’ case in its entirety and refused to grant the reliefs sought.
Judgment was fixed for July 11 2023 and Judgment given dismissing all of plaintiff (Transparency International)’s reliefs. Reasons to be delivered later.
