The Attorney General and Minister of Justice, Gloria Akuffo has reportedly objected to the raw deal of Agyapa Royalties saying the arrangement clearly goes against the general principle of sovereignty of the state. Her main concern is the inability of the state to review or evaluate the content and agreement of the Agyapa Royalties deal in the near future as “unconscionable”.
An unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law. It is a type of contract If a contract is unfair or oppressive to one party in a way that suggests abuses during its formation, a court may find it unconscionable and refuse to enforce it.
And she says “the stability arrangement in the present agreement affects all existing mining development agreement and stability agreement and even bars the state from reviewing the present agreement with respect to royalties in the future”. This is an advice from the AG to the Finance Minister on the brouhaha over the Agyapa Royalties.
Eunicaff GH has sighted the AG response to the Ministry of Finance which indicate the the agreement violates the Bank of Ghana Act, 2016 (Act 918) which states that all transactions be made in Ghana’s currency equivalent but this deal states contrary.
Copy of the leaked letter…….