The Attorney General Gloria Akuffo has reportedly raised some concerns with the controversial Agyapa Royalties deal.
She seemingly criticised the nature of the deal, which does not allow the state or any court to review or evaluate the effectiveness of the agreement in the future.
This was contained in a leaked letter written by the Attorney General to the Minister of Finance, Ken Ofor-Atta.
In the letter, which was shared by Starrfm.com.gh, Mrs Akuffo said the Agyapa deal “freezes anything legal including judicial orders and decisions.
“In effect no court can pronounce on any part of the agreement as being illegal, unconscionable, null and void or on any matter before the court which may or is likely to affect any part of the agreement.”
She added: “This will amount to executive interference of the powers of the judiciary, which is a violation of the concept of separation of powers as provided under the Constitution of Ghana.
“Therefore, the executive arm of government cannot enter into an agreement that curtails the independence of both the Legislature and the Judiciary.”
Parliament, last Friday, in line with the Minerals Income Investment Fund (MIIF) Act, 2018 (Act 978), approved agreements to allow the country to derive maximum value from its mineral resources and monetise the mineral income accruing to Ghana in a sustainable and responsible manner.
The move gives Agyapa Royalties Limited the right to secure about $1 billion to enable the government finance large infrastructural projects.
The Minority in Parliament boycotted the deal and accused the government of mortgaging Ghana’s gold resources.
Former President John Mahama, flagbearer of the biggest opposition party, the National Democratic Congress (NDC), also reiterated the Minority’s concerns and said he will not respect the deal should he win the December 7, 2020 polls.
A coalition of CSOs in the mining industry has also kicked against the controversial agreement.
