Attorney General and Minister of Justice Godfred Yeboah Dame has refuted claims that a new judgment has been issued by a U.S. court against Ghana in the ongoing Trafigura case, clarifying that the matter involves the enforcement of a previously established debt, not a fresh ruling. This clarification follows reports suggesting that a District of Columbia Court had recently ordered the Ghanaian government to pay over $111 million, plus post-judgment interest, to the Ghana Power Generation Company (GPGC).

Speaking on Citi FM's Eyewitness News with Selorm Adonoo, Mr. Dame explained that the Trafigura judgment debt originated from a January 2021 decision, not from any recent court action. He emphasized that the recent legal proceedings pertained to enforcing the original judgment due to the government's incomplete payment.

"This award was given way back in 2021, and since then, the government has had the obligation to pay. Efforts have been made to fulfill this obligation, but it is the failure to complete the payment that led to the company seeking enforcement orders in other jurisdictions. There has been no new judgment or fresh award by any court or tribunal," Dame stated.

He further addressed the misconceptions in recent reports, adding, "The impression created by recent publications that there is a new judgment debt or a new US Court ruling is inaccurate. The current situation involves an enforcement order based on a judgment debt that was established in January 2021."

The U.S. District Court document sheds light on Ghana's legal team's procedural errors that resulted in the country's inability to effectively challenge the $134 million judgment awarded to British energy firm Trafigura. This judgment, originally handed down by English courts, stemmed from a legal dispute over a power purchase agreement between Trafigura's subsidiary, GPGC, and the Ghanaian government.

The dispute began after a UK tribunal ruled on January 26, 2021, that Ghana had breached its contractual obligations by unilaterally terminating the power purchase agreement on February 18, 2018. The tribunal ordered Ghana to pay GPGC $134,348,661 as an early termination fee, in addition to reimbursing GPGC's arbitration fees and expenses totaling $3,309,877.74, with interest accruing at a three-month USD LIBOR rate.

Despite the tribunal's ruling, the Ghanaian government made partial payments amounting to $1,897,692, leaving a significant balance of $111,493,828.92. The situation became more complicated when Ghana failed to challenge the UK judgment within the required legal timelines, prompting GPGC to seek enforcement orders in the United States and other jurisdictions.