Desalination awards and court arrest dispute lead legal agenda

Befesa Desalination Developments Ghana Limited has won two final awards in an international arbitration over the Teshie-Nungua desalination plant.

Kimathi & Partners, Corporate Attorneys, acted as Ghanaian co-counsel to the company, alongside the international law firm Eversheds Sutherland.

The awards were issued on Thursday, September 17, 2026, by a tribunal under the rules of the International Chamber of Commerce (ICC).

The tribunal ordered Ghana Water Limited (GWL), named in the awards under its former title of Ghana Water Company Limited (GWCL), to pay US$235 million, net of taxes.

The sum arises from the termination of the Water Purchase Agreement, under which the utility bought treated seawater from the plant.

Interest runs on it from Wednesday, April 1, 2026 until payment.

The tribunal also substantially rejected the counterclaims brought against the project company, including a claim of US$144.5 million.

Ghana Water was ordered to contribute to the project company's legal costs.

Under that guarantee, the government has also been found liable for the amounts awarded.

The awards do not allow the project company to recover the same amounts twice.

The Teshie-Nungua plant can produce 60,000 cubic metres of water a day.

It was built to serve communities including Teshie, Nungua, Spintex, Baatsona and Sakumono.

The project company is majority owned by the Spanish infrastructure group Cox, which holds a 95 per cent stake.

Cox has said that the parties are keeping conversations open towards an amicable solution, without prejudice to the project company's rights under the awards.

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The Member of Parliament (MP) for Manhyia South, Nana Agyei Baffour Awuah, who is serving as counsel for an accused person in the "Ghana Jollof" case pending before the courts, has been explaining what transpired between him and an official from the Economic and Organised Crime Office (EOCO) on Wednesday at the foyer of the High Court complex in Accra.

A video showing the said EOCO operative attempting to forcibly take him into custody has been circulated on social media.

In a statement issued by EOCO after the video of the incident was shared on social media, EOCO confirmed that its officers attempted to arrest the Manhyia South MP on Wednesday (Sept 23) at the foyer of the court complex and explained that it was in connection with an ongoing investigation.

EOCO said the attempted arrest was not completed after the officers assessed that further action could have endangered public safety adding that its officers were acting in the lawful discharge of their statutory responsibilities in relation to Baffour Awuah's refusal to honour the February 2026 invitation.

The office said the situation escalated during the operation, prompting the officers to stop the arrest.

It said Mr Baffour Awuah had been invited twice in February 2026 to assist with the investigation but did not honour the invitations.

EOCO said it subsequently took steps to secure his attendance in accordance with the law and described Wednesday's attempted arrest as part of those steps.

Baffour Awuah has since reacted to the EOCO explanation for the action and wrote the following in a statement:

1. First and foremost, it should be noted that Lawyer Nana Agyei Baffour Awuah has never been the subject of any investigations. Rather, it is SIC Life Savings and Loans Company Limited, a company Sarkodie Baffour Awuah & Partners (hereinafter referred to as the Firm), represented and still represents in legal matters, that is under investigation.

2. The letter below from EOCO dated 10th February 2026, sought to invite the Senior Partner of the Firm, "to report to the Executive Director or his representative on Tuesday, February 17, 2026 at 10:00am at EOCO Head Office, Accra, to assist with the investigations."

3. On 18 February 2026, Lawyer Nana Agyei Baffour Awuah, then Senior Partner of the firm, responded to EOCO, informing the Office that he was now a Member of Parliament and had therefore referred the letter to the Clerk to Parliament for advice.

4. Following the above, a lawful representative of the firm duly cooperated with EOCO interrogations, on three (3) different occasions (i.e. 4th March 2026, 18th March 2026 and 30th April 2026) and provided all the necessary information requested after which a formal written Statement, dated 30th April 2026, in relation to the matter was submitted to EOCO.

5. It is significant to note that since the lawful representative of the firm engaged with EOCO and provided the information and formal written Statement required, there has been no further invitation.

According to the MP, the incident occurred shortly after he had represented his client, Salomey Baffoe Awiti in court. Read also: Ghana Jollof case: High Court adjourns Salomey Bafoh’s bail application

Speaking at a press briefing in Parliament shortly after the incident, Nana Baffour Awuah said a woman approached him after the court proceedings, touched his hand and told him that he was needed at the Economic and Organised Crime Office (EOCO).

He said he questioned why he had not been formally invited if EOCO wanted him to report at its office.

Nana Baffour Awuah said the woman told him that he had previously been invited to EOCO but had failed to appear, a claim he denied.

He said he subsequently asked the woman to identify herself and produce evidence that she was from EOCO, as well as an arrest warrant.

Nana Baffour Awuah said he offered to drive himself to the EOCO office, but the woman insisted that he travelled in their vehicle.

That, he said, heightened his suspicion and prompted him to drive away from the scene.

“It became obvious to me that it was one of the recent kidnappings that have been going on, which is sponsored by the state,” he told journalists.

He said his decision to leave the scene was also influenced by his responsibilities as an MP, a member of the Minority Caucus, a lawyer representing Ms Baffoe Awiti and a family man.

Nana Baffour Awuah said the pursuit continued as he drove towards Parliament, where he was joined by some of his colleagues.

He said the officer attempted to take him into custody while he was on his way to Parliament and that he later arrived at the parliamentary premises with colleagues following him.

Video footage circulating online showed a tense encounter around the MP’s vehicle, with a female EOCO operative attempting to prevent him from leaving.

A scuffle subsequently broke out before a member of his legal team opened the vehicle door to clear the way for the MP, who then drove off as security personnel briefly followed.

The Minority Leader, Mr Alexander Afenyo-Markin, later called on the Chief Justice to examine the manner in which arrests were conducted on court premises.

Mr Afenyo-Markin, speaking at a separate press conference in Parliament, said Nana Baffour Awuah was a lawyer who, according to his own account, was confronted by EOCO officials immediately after leaving the courtroom.

In a statement issued later, the Office said Nana Baffour Awuah had ignored two invitations it sent to him in February 2026 to assist with an ongoing investigation.

It said his failure to honour the invitations prompted its officers to take steps to secure his attendance in accordance with the law.

EOCO maintained that its officers were lawfully discharging their duties when they attempted to arrest him at the High Court.

The Office also said it had identified two persons who it believed helped the MP leave the scene and was reviewing their conduct for possible action.

While acknowledging the parliamentary privileges enjoyed by MPs, EOCO said membership of Parliament did not bring an investigation to an end or place an individual beyond the reach of the law.

It said the investigation remained active and that it would review the incident, including available video footage, before deciding on its next steps.

The incident occurred after proceedings in the bail application of Ms Baffoe Awiti, a 40-year-old nurse and mother of three, who is in state custody in connection with a case involving the “Ghana Jollof” TikTok account.

The prosecution has accused her of abetting the publication of false news.

The bail application was adjourned to Thursday, September 24, after the prosecution requested more time to respond.

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The High Court in Accra has adjourned the bail application of Salomey Awity Bafoh, the Techiman-based senior nursing officer facing a charge of abetment of crime in connection with the circulation of content attributed to the social media account of “Ghana Jollof”.

The application, which was expected to be heard Wednesday (September 23, 2026), was adjourned to Thursday September 24 after counsel for the Attorney-General, Karl Afedzie Forson, asked for a short adjournment to enable the prosecution to prepare its response.

Mr Forson told the court that he was not the substantive attorney handling the matter and had only been informed that the A-G’s office had been served with the bail application on Friday, September 18.

He said Monday was a public holiday and the application had not yet been assigned to a substantive attorney.

“In the circumstance, we pray for a short adjournment so that we can respond formally to this application,” he said.

Counsel for the accused, Nana Agyei Baffour Awuah, opposed the request for an adjournment, arguing that the application concerned the liberty of his client.

He said there was proof that the A-G’s office had been served with the application and that there was no requirement for such an application to be served within three clear days before hearing, as applied in civil proceedings.

He said any further delay could render the application moot because, by the time the prosecution filed its affidavit in opposition, his client would have served the two-week remand period.

Ms Bafoh, 40, is alleged by the prosecution to have acted as a liaison for Barbara Asantewaa Kodua, popularly known as “Ghana Jollof”, and to have assisted in the dissemination of videos produced by Ms Kodua.

The prosecution alleges that the accused recruited other persons to redistribute and circulate the videos on various social media platforms.

The accused, who is listed as the second accused person, is currently outside the jurisdiction and has been declared wanted by the Police.

The prosecution has charged Ms Bafoh with abetment of crime, to wit, publication of false news, contrary to sections 20(1) and 208 of the Criminal Offences Act, 1960 (Act 29). She has pleaded not guilty and was remanded for two weeks while investigations continue.

After hearing both sides, the court directed the A-G’s office to file its affidavit in opposition by 9 a.m. tomorrow.

The judge said the liberty of an individual was at stake and directed that the prosecution’s response be filed within the stated period.

The bail application was subsequently adjourned to September 24, 2026.

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Dr. Cassiel Ato Forson, the Minister of Finance has urged Ghanaians to always demand VAT invoices after purchases to promote tax compliance, accountability and revenue mobilisation for national development.

He said the simple act of requesting VAT invoices would help consumers verify taxes charged, promote transparency in business transactions and ensure that taxes collected were properly accounted for.

Dr. Forson made the call in Accra when the Ghana Revenue Authority launched the National VAT Compliance Campaign on the theme: “Request Your VAT Invoice, Help Build Our Nation.”

He said the campaign was not only about taxation but also about shared responsibility, accountability, fairness and citizens’ participation in strengthening Ghana’s tax system.

The Minister said the government had remained committed to strengthening tax administration, improving voluntary compliance and ensuring that every cedi due to the State contributed to national development.

He said the government had implemented major VAT reforms, including the abolition of the COVID-19 Health Recovery Levy and the decoupling of the GETFund and National Health Insurance levies from the VAT base.

Other reforms included reducing the effective VAT rate from 21.9 per cent to 20 per cent, raising the VAT registration threshold from GH¢200,000 to GH¢750,000 and extending VAT zero-rating on locally manufactured textiles to 2028.

Dr. Forson said additional measures included digital solutions for monitoring VAT on cross-border digital transactions, the introduction of Fiscal Electronic Devices (FEDs) and a VAT reward scheme to encourage consumers to collect VAT receipts.

He said the reforms were designed to make the VAT system simpler and more efficient, support businesses and strengthen domestic revenue mobilisation.

The Minister said VAT invoices protected consumers by providing evidence of transactions and enabling them to verify whether the correct amount of tax had been charged.

He said proper invoicing would also encourage businesses to maintain accurate records and comply with tax laws, thereby creating a level playing field for compliant businesses.

Dr. Forson said revenue mobilisation was a shared national responsibility involving Government, the Ghana Revenue Authority (GRA), businesses and citizens.

He called on businesses to ensure that every taxable transaction was properly invoiced, train staff to issue VAT invoices and ensure that their accounting and invoicing systems complied with GRA requirements.

He urged the GRA to intensify tax education across markets, shopping centres, transport terminals, communities, educational institutions and workplaces, while leveraging radio, television, social media and community leaders.

Dr. Forson commended business associations for supporting Government and the GRA’s tax reforms and said there was still room to improve compliance, with Ghana’s tax-to-GDP ratio currently at 13.9 per cent and a target of 18 to 20 per cent by the end of 2027.

He urged the media to help spread the campaign message nationwide and encouraged every Ghanaian to make it a habit to ask for their VAT invoice.

The Chairperson of the Steering Committee of the Citizens’ Platform on Constitutional Reform (CPCR), Professor Akosua Keseboa Darkwah, has asked the government to reconsider its position to continue to allocate a share of the District Assemblies Common Fund to Members of Parliament (MPs).

“We believe this confuses the legislative role of Members of Parliament with the executive and development responsibilities of district assemblies. All such allocations should, therefore, end,” she stated.

She was addressing a press conference in Accra last Tuesday to state the CPCR position paper on the constitutional review process and the government’s position paper on the Kwasi Prempeh Constitution Review Committee.

The CPCR is a collaborative initiative facilitated by CDD-Ghana, STAR-Ghana Foundation and the Democracy Hub, bringing together diverse organisations, activists and citizens to coordinate engagement, advocacy and accountability in Ghana’s ongoing constitutional reform process.

Prof. Darkwah also asked the government to reconsider its position to establish the proposed Democracy Fund only through ordinary legislation and leave its funding to annual executive discretion.

She said the fund, as well as the funding of the Electoral Commission, the National Commission for Civic Education (NCCE), the Commission on Human Rights and Administrative Justice (CHRAJ) and other key democratic institutions, should be constitutionally protected and ring-fenced.

On the election of Metropolitan, Municipal and District Chief Executives subject to presidential nomination, shortlisting and vetting by institutions under the Executive, Prof. Darkwah stressed the need for the election to be open and unfiltered, so that every qualified citizen has a fair opportunity to contest.

She urged the government to review its decision to increase the size of Parliament to 300 by adding only 24 proportional-representation seats.

“We believe the proposed study on proportional representation should be conducted now and used to design a meaningful system within the existing ceiling of 276 Members of Parliament.

Prof. Darkwah also asked the government not to remove the National Media Commission’s constitutional responsibility for protecting the independence of the state-owned media and transferring control to the President and institutions under the Executive.

“We believe the commission’s authority over the state-owned media, its press-freedom mandate and its funding must remain constitutionally protected,” she said.

Prof. Darkwah said the issues were fundamental to civil society organisations as they concern the “independence of our institutions, the balance of power among the branches of government, the protection of citizens’ rights and the integrity of the constitutional reform process itself.”

She, therefore, urged the government not to brush them aside or treat the positions contained in the government’s position paper as the final word.

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A federal judge ordered US President Donald Trump on Thursday to restore White House access for ‌journalists from CNN, MS NOW and Politico, saying his ban on the three media outlets was likely unconstitutional.

In a major setback for Trump in one of his biggest battles with the media, US District Judge Tim Kelly issued his order in a lawsuit that the news organizations filed contesting the ban that the Republican president announced on September 18.

Kelly ordered the Trump administration to ​immediately return the outlets' press passes and blocked officials from enforcing the ban for 14 days. The judge rejected the government's assertion that the ​ban was motivated by national security concerns.

"The record lacks factual support for defendants’ contention that the revocation of plaintiffs’ hard ⁠passes will in fact protect national security or that national security will be endangered if the court orders their passes reinstated while this litigation proceeds," he ​said, adding that Trump himself had stated the ban was due to "alleged lack of truthfulness and negativity" of the outlets' reporting.

The White House and representatives for the ​outlets did not immediately respond to requests for comment.

Trump had said on social media that the three outlets "shouldn't be able to constantly write or report FICTION and LIES," and Justice Department lawyers had sought to justify the ban on national security grounds.

The three outlets sued Trump and other members of his administration in federal court in Washington on Monday, saying the ban ​violated the US Constitution's First Amendment protections for free speech and a free press, as well as their due process rights. They requested a temporary restraining ​order that would immediately reinstate their White House access while their legal challenge plays out.

The legal battle has unfolded just weeks before the November 3 midterm elections in which Trump's ‌fellow Republicans ⁠are fighting to retain control of Congress. Trump's job approval ratings are at record lows in opinion polls amid concerns over issues such as the Iran war and inflation.

Kelly said at a Wednesday hearing that two precedents from the US Court of Appeals for the District of Columbia Circuit made clear that journalists are entitled to due process before their White House press passes can be revoked. The judge added that it did not appear that the White House had given the ​targeted news outlets a meaningful opportunity to ​contest the revocation of their access.

A ⁠lawyer for the news outlets told Kelly that they were banned without legally required advance notice or opportunity to contest the decisions, which he said were unprecedented, unreasonable and severe punishments.

A Justice Department lawyer told the judge that the Trump administration provided a sufficient explanation for the revocation of press passes in letters sent to news outlets on Tuesday. But the judge ⁠signalled scepticism about that argument, noting that the letters were sent after the revocation and the lawsuit were filed.

In a legal filing on Tuesday, the Justice Department argued that access to the White House is a privilege, not an entitlement, and that the president has the authority to suspend access by news organisations.

A coalition of press ⁠freedom groups ​and dozens of news organizations filed a legal brief on Wednesday supporting the three news outlets. ​They asserted that "stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence."

The brief was signed by the Reporters Committee for Freedom of the Press, Reuters, The Washington Post, and Fox News, among others.