REJOINDER: SUMMARY OF PARLIAMENTARY OVERSIGHT CONDUCTED BY HON, SAMUEL OKUDZETO ABLAKWA (MP FOR NORTH TONGU AND RANKING MEMBER, FOREIGN AFFAIRS COMMITTEE)
ACCRA, 28TH MAY, 2024 The attention of the Ministry of Foreign Affairs and Regional Integration has been drawn to a statement, authored by Hon. Samuel Okudzeto Ablakwa, MP for North Tongu, which claims that he “exposed and scuttled the inflated US$12.2 Million Oslo Chancery purchase”. The statement is not only misleading, it is false.
The facts of this matter which were shared by the Ministry with Ghanaians in the past are as follows:
Following the decision of the Government of Ghana to open a Resident Diplomatic Mission in Norway, a team from the Ministry was tasked to undertake the necessary preparations towards the establishment of the Mission. This included travelling to Norway to, among other things, identify suitable properties to be rented/purchased for use as Chancery Building and Ambassador’s Residence.
The team, in its report to the Ministry recommended that a technical team undertakes an inspection of the identified properties. In order to trigger the laid down procedure towards the acquisition of the property that would be recommended by the technical team, expression of interest in the identified properties was made by officials of the Ministry. Those procedures include:
- A full diligence report by a local Lawyer as to ownership, and whether there were any encumbrances pertaining to the said property.
- The submission/consideration of the draft Sale Agreement Contract.
- The negotiation of the final purchase price.
- The submission of all the required reports to Public Procurement Authority (PPA) and the Ministry of Finance.
- The granting of approvals by the above institutions which empowers the Ministry to convey an acceptance of an Offer to purchase a property.
The selling price of the property for the Chancery building was 100 Million Norwegian Kroner (which was equivalent to approximately US $12million in 2018). This figure/selling price was indicated in all published documents/brochures posted by the Sellers of the property and was also made available to the general public and all potential clients who visited the property. This is normal practice in most developed jurisdictions. Throughout the court hearings on the matter this was the figure that was quoted by all the parties.
There was no Acceptance of the Offer made by the Sellers of the Property, as the Ministry made clear throughout the four-year litigation with the Sellers of the Property. This assertion by the Ministry was confirmed by the District Court of Oslo in Norway by its judgment on 16th December 2021, which fully acquitted Ghana of the Sellers’ Claim of a binding contract.
The Ministry could have only been empowered to convey an acceptance following the requisite approvals from the Public Procurement Authority (PPA) and the Ministry of Finance. In view of the fact these approvals had not been given, there was no acceptance and therefore no binding contract.
Unsurprisingly, an Appeal by the Sellers of the property against Ghana was also dismissed by the Court of Appeal on 22nd November, 2022. The Supreme Court of Norway on 20th March, 2023 unanimously decided not to repeal the Appeal Court’s ruling in the dispute between Sellers and Ghana, thus bringing closure to this matter.
To make any statements to the contrary or create any impression of corrupt dealing by officials is therefore not only erroneous, but also a misrepresentation of the facts. It is unacceptable.
