The Member of Parliament for Okaikwei Central, Patrick Yaw Boamah, has credited former Attorney-General Godfred Yeboah Dame with laying significant groundwork for Ghana’s successful defence in the tax arbitration brought by Tullow Ghana Limited.
Mr Boamah made the remarks in response to Finance Minister Dr Cassiel Ato Forson’s September 30, 2026 announcement that an International Chamber of Commerce (ICC) arbitral tribunal had ruled in Ghana’s favour in the dispute over the taxation of Tullow’s business interruption insurance proceeds.
The tribunal upheld the Ghana Revenue Authority’s (GRA) tax assessment of US$393,091,993.70, ruling that the assessment did not breach the applicable Petroleum Agreements, the penalty was properly imposed, the assessment was not time-barred and the GRA’s enforcement action was lawful.
Mr Boamah said a substantial portion of the arbitration was conducted before the change of government in 2025 and under the stewardship of Mr Dame, who served as Attorney-General under the previous administration.
He said the procedural work undertaken during that period contributed significantly to Ghana’s defence.
“As a nation, we should give credit where it is due,” Mr Boamah stated.
Mr Boamah said Tullow initiated the arbitration in February 2023 by filing its Request for Arbitration and nominating Alistair Schaff KC as its arbitrator.
Ghana responded in April 2023, filed a counterclaim, nominated Christopher Thomas KC as its arbitrator and challenged Mr Schaff’s appointment. The ICC Secretariat upheld Ghana’s objection and directed Tullow to nominate a replacement. Tullow subsequently appointed Dr Michael Pryles AO PBM.
In May 2023, the Attorney-General appointed Washington-based law firm Foley Hoag LLP to represent Ghana in the arbitration. The appointment was formally communicated to the tribunal later that year.
Tullow filed its Reply to Ghana’s Counterclaim in June 2023 before submitting its Statement of Claim in May 2024, together with witness statements from three witnesses.
Ghana filed its Statement of Defence and Counterclaim in September 2024, supported by statements from William Kofi Demitia, Dr Martin Kolbil Yamborigya, Dr Justice Yaw Ofori and Stephen Midwinter.
Tullow filed its Reply to Ghana’s Statement of Defence and Counterclaim in January 2025, bringing the procedural phase to the point where the substantive hearing could proceed.
Mr Boamah said the sequence of proceedings demonstrated that extensive legal and preparatory work had been completed before the current government assumed office in June 2025.
He described the work undertaken under Mr Dame and Ghana’s legal team as important to the country’s defence of the claim.
Mr Boamah also raised concerns about settlement discussions that took place after the change of government.
According to him, the NDC administration entered into discussions with Tullow to settle the tax arbitration together with a separate arbitration concerning an insurance claim.
He said the Attorney-General informed the tribunal handling the other matter of the government’s decision to pursue a settlement, resulting in the suspension of proceedings.
Mr Boamah further claimed that Tullow had signed Terms of Settlement under which Ghana would have accepted approximately US$150 million to resolve the two tax claims.
He said the proposed settlement was ultimately not concluded following intervention by lawyers at the Ministry of Finance, before the Finance Minister could sign the agreement.
“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. Kudos to those civil servants!” he said.
The claim regarding the proposed US$150 million settlement was made by Mr Boamah and has not been independently established in the public information cited in his statement.
Dr Ato Forson, in announcing the arbitration outcome, said government would take steps to implement the award in accordance with Ghanaian law while protecting Tullow’s continued operations and investments in the Jubilee and TEN fields.
The government has described Tullow as a key partner in Ghana’s petroleum sector and noted its contribution to energy security, domestic gas supply and employment.
The Finance Ministry also said engagements with Tullow would continue on the implementation of the award and other outstanding tax matters, including a separate dispute concerning the disallowance of loan interest.
Tullow has acknowledged the tribunal’s decision and said it is disappointed by the outcome. The company said the tribunal rejected its challenge to a US$196.5 million corporate income tax assessment relating to business interruption insurance proceeds received between 2016 and 2019.
The company is expected to consider its next steps following further discussions with the Ghanaian government.
The ruling marks a significant development in Ghana’s long-running tax dispute with Tullow, while discussions on other outstanding matters between the government and the oil producer remain ongoing.
By 1960news.com
