The Attorney General and Minister of Justice, Godfred Yeboah Dame, has firmly dispelled recent reports suggesting that a new judgment debt has been awarded against the Ghanaian government by a US court in connection with Trafigura, a multinational commodity trading company.

Addressing the matter, Dame clarified that no fresh judgment has been issued and emphasized that the ruling in question dates back to 2021. In his remarks, Attorney General Dame highlighted the importance of setting the record straight regarding the purported new judgment debt.

“There is no US Court which is awarding a new judgment against the government of Ghana. The impression that is sought to be created by the publication I have seen today is that another judgment debt, a new judgment debt, has been issued. This is not the case.”
Godfred Yeboah Dame, Attorney General and Minister of Justice

The clarification came in response to reports circulating in various media outlets that a court in the District of Columbia had ordered Ghana to pay over $111 million, along with post-judgment interest, following a Motion of Judgment in favor of the Ghana Power Generation Company (GPGC). However, according to the AG, these reports have misconstrued the nature of the court’s ruling.

The AG explained that the ruling in question is not a new development but rather a continuation of the legal obligations imposed by a 2021 judgment. The original judgment, issued in January 2021, required the Ghanaian government to pay a significant sum to Trafigura, a requirement that has remained unmet.

The Attorney General noted that the current actions being pursued by Trafigura are merely attempts to enforce the 2021 judgment.

“What the company sought to do was to find different avenues of retrieving the cost when the government of Ghana failed to honor the terms stated in the ruling.
“It is the failure to exhaust payment which has led to the company seeking enforcement orders in other jurisdictions.”
Godfred Yeboah Dame, Attorney General and Minister of Justice

Efforts to Comply with the Judgment

The inability to fully meet the payment obligations has resulted in Trafigura pursuing enforcement measures in various jurisdictions, leading to the misconception that a new judgment had been issued.

“The award was given way back in 2021, and the government since then has had the obligation to pay, and indeed they have been making efforts to pay.”
Godfred Yeboah Dame, Attorney General and Minister of Justice

Adding complexity to the situation, a US District Court document recently revealed a series of errors made by Ghana’s legal team, which have contributed to the country’s inability to successfully challenge the substantial $134 million judgment awarded to Trafigura by English courts.

These errors further complicated Ghana’s legal standing and ability to negotiate or contest the enforcement of the judgment.

The revelation of these legal missteps underscores the challenges faced by the government in managing international legal disputes and the significant financial implications of such cases.

The judgment debt owed to Trafigura, which continues to accrue interest, poses a serious financial burden on the state, with the potential to impact its economic stability.

The Attorney General’s statements served to correct the public narrative and ensure a clear understanding of the current legal proceedings.

This development underscores the complexities involved in international judgments and the importance of effective legal representation in protecting national interests.

The government of Ghana is expected to continue its efforts to resolve the outstanding judgment debt, while also addressing the legal shortcomings that have thus far hindered a more favorable outcome.