The Chief Executive of the National Petroleum Authority (NPA), Mr. Godwin Kudzo Tameklo Esq., has called on the Acting Chief Justice, His Lordship Justice Paul Baffoe-Bonnie, to discuss the possibility of creating a dedicated Petroleum Court to expedite prosecution of fuel-related cases in the downstream petroleum sector.
The NPA, established under the National Petroleum Authority Act, 2005 (Act 691), is statutorily mandated to regulate, monitor, and oversee Ghana’s downstream petroleum sector. Since 2005, this sector has experienced considerable growth and diversification, attracting substantial private and public investment.
However, the existing regulatory framework has not kept pace with the industry’s evolving dynamics, particularly concerning criminal activities perpetrated by certain operators. To address this, the NPA recognizes the need for a robust collaborative partnership with the Judiciary. This collaboration aims to ensure the efficient, expedited, and consistent adjudication of legal cases within the sector.
The high-level engagement forms part of NPA’s broader efforts to strengthen regulatory enforcement and deter illegal activities undermining the growth and safety of the country’s downstream petroleum industry.
In his remarks, Mr. Tameklo explained that although the Authority has internal structures to resolve some disputes, criminal cases often suffer delays in the general court system.
He emphasized the need for specialized judicial support, either in the form of a dedicated court or by assigning a judge to periodically sit on petroleum-related matters, to resolve industry offences swiftly.
“Our role as an Authority extends beyond regulation to protecting national economic and energy security. Criminal infractions in the downstream sector threaten this mandate. A strong collaboration between the NPA and the judiciary will ensure that offenders are held accountable swiftly, serving both justice and deterrence,” he stressed.
Mr. Tameklo said the growing complexity of the downstream sector, coupled with delays in prosecuting offenders, threatens both industry integrity and national economic security.
“Our sector is critical to Ghana’s energy security, and enforcement delays weaken confidence in the regulatory framework,” he noted.
The NPA Boss further highlighted that the NPA, as a key national security stakeholder, requires judicial support to uphold the rule of law within the industry and protect the public interest.
Responding, His Lordship Justice Baffoe-Bonnie welcomed the proposal, describing it as “worth exploring,” noting the frustrations caused by protracted court trials, and cautioned that a shortage of judges and heavy court dockets could pose challenges.
“I support the idea of a dedicated court that can handle your cases with expedition,” he said. “Criminal prosecution is not just about punishing offenders. It is also about deterrence, letting people know there are consequences for breaking the law.”
The Acting Chief Justice, however, pointed out the challenge of limited judicial personnel.
He revealed that the courts at all levels are overwhelmed.
As a workable solution, his Lordship Justice Baffoe-Bonnie proposed that an existing court could dedicate at least two days every two weeks specifically for petroleum-related cases.
He suggested naming it the Petroleum Court, providing a clear mandate and focus to address the industry’s unique challenges.
The Honourable Justice Baffoe-Bonnie also lamented the growing culture of indiscipline in Ghanaian society, warning that it cuts across all sectors, including the petroleum industry.
“Ghana is not a poor country, but indiscipline is eating into the very fabric of our society. Unless we enforce the law consistently and decisively, this trend will continue unchecked,” he stressed.
He stressed the need for swift justice to deter illegal activities: “Criminal prosecution is not only about punishment. It sends a message to prevent others from committing the same offences.”
The NPA was granted prosecutorial powers in 2020 under the Appointment of Public Prosecutors Instrument (E.I. 378), empowering the Authority to prosecute offenders of the National Petroleum Authority Act, 2005 (Act 691) and related laws.
The proposed collaboration with the judiciary marks a critical step toward ensuring that these powers are effectively exercised to safeguard industry integrity and protect consumers.
If successful, the proposed Petroleum Court will mark a significant step in fast-tracking trials relative to the country’s downstream petroleum industry.
Source: NPA
