Member of Parliament for Okaikwei Central, Patrick Yaw Boamah, has credited former Attorney-General Godfred Yeboah Dame with playing a key role in Ghana’s legal defence in the US$393.09 million tax arbitration brought by Tullow Ghana Limited.
Hon. Boamah said significant procedural and legal steps in the case were undertaken during Mr Dame’s tenure, before the change of government in 2025.
His comments follow Finance Minister Cassiel Ato Forson’s announcement that Ghana had prevailed in the tax arbitration before the International Court of Arbitration of the International Chamber of Commerce (ICC).
The dispute centred on the Ghana Revenue Authority’s US$393.09 million tax assessment relating to business interruption insurance proceeds.
According to Hon. Boamah, Tullow commenced the arbitration in February 2023, after which Ghana took several steps to establish its defence.
He said Ghana filed its response and counterclaim in April 2023, nominated its arbitrator and challenged Tullow’s initial nominee.
The ICC subsequently upheld Ghana’s objection to Tullow’s arbitrator, leading to the appointment of a replacement, Mr Boamah said.
He further noted that in May 2023, the then Attorney-General appointed Washington-based law firm Foley Hoag LLP to represent Ghana in the arbitration.
The case progressed with Tullow filing its Statement of Claim in May 2024, followed by Ghana’s Statement of Defence in September that year.
Mr Boamah said Ghana’s defence was supported by witness statements from four factual and legal witnesses.
Tullow subsequently filed its reply in January 2025, bringing the case closer to the substantive hearing.
“These procedural steps demonstrate the extensive work undertaken before the change of government,” Hon. Boamah said.
He argued that the contribution of the previous administration, particularly Mr Dame’s role in preparing Ghana’s case, should be recognised following the tribunal’s decision.
“As a nation, we should give credit where it is due,” he said.
Boamah raises issue of proposed settlement
Mr Boamah also raised questions about efforts to settle the dispute after the National Democratic Congress (NDC) government assumed office in June 2025.
According to him, Ghana and Tullow entered into settlement discussions covering the tax arbitration and a separate arbitration concerning an insurance claim.
He said the arbitral award shows that the government informed the tribunal of its decision to explore a settlement, resulting in the suspension of proceedings in the other arbitration.
Mr Boamah further alleged that Tullow and Ghana had signed Terms of Settlement under which the government would have accepted approximately US$150 million to settle the two tax claims.
He claimed the proposed settlement was ultimately not concluded following intervention by lawyers within the Ministry of Finance.
“But for the last-minute intervention of lawyers within the Ministry of Finance, the Minister for Finance was going to sign his part of the Terms of Settlement,” he said.
Mr Boamah commended the civil servants who, according to him, intervened in the process.
“Kudos to those civil servants!” he added.
Mr Boamah’s comments add another dimension to the reaction following Ghana’s arbitration victory, with attention now turning to the respective roles played by the two administrations in the case.
