Okaikwei Central Member of Parliament Patrick Yaw Boamah has credited former Attorney-General Godfred Yeboah Dame with laying important legal groundwork for Ghana’s successful defence in the tax arbitration brought by Tullow Ghana Limited.
Mr Boamah made the comments in response to Finance Minister Cassiel Ato Forson’s announcement of Ghana’s victory in the International Chamber of Commerce (ICC) arbitration.
The dispute involved a tax assessment arising from proceeds Tullow received under a business interruption insurance policy. The arbitral tribunal ruled in Ghana’s favour, bringing a major stage of the long-running dispute to a close.
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According to Mr Boamah, much of the arbitration process took place before the change of government in 2025, during Mr Dame’s tenure as Attorney-General.
He noted that Tullow filed its Request for Arbitration in February 2023, after which Ghana filed its response and counterclaim, nominated its arbitrator and challenged Tullow’s initial choice.
Mr Boamah said the ICC Secretariat upheld Ghana’s objection, leading to the appointment of Dr Michael Pryles AO PBM as Tullow’s replacement arbitrator.
He said the then Attorney-General’s Office appointed Washington-based law firm Foley Hoag LLP in May 2023 to represent Ghana in the arbitration.
The case subsequently progressed through several procedural stages, including Tullow’s Statement of Claim in May 2024 and Ghana’s Statement of Defence in September 2024.
Ghana’s defence was supported by witness statements from four factual and legal witnesses, while Tullow filed its reply in January 2025.
Mr Boamah said the sequence of events demonstrated the substantial work undertaken before the change of government.
“As a nation, we should give credit where it is due,” he said.
Mr Boamah also raised questions about settlement discussions between Ghana and Tullow after the NDC government took office in June 2025.
According to him, the two sides explored a settlement involving the tax arbitration and another arbitration concerning an insurance claim.
He alleged that Tullow signed Terms of Settlement under which Ghana would have accepted approximately US$150 million to resolve the two tax disputes.
Mr Boamah further claimed that lawyers within the Ministry of Finance intervened at the last minute 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,” he wrote.
He commended the civil servants involved, describing their intervention as significant.