An Investment Law expert, Nana Asante Bediatuo, has challenged government on its decision to re-engage with Vodafone International, saying it�s an exercise in futility.
According to Lawyer Asante Bediatuo, though he had not seen a copy of the Vodafone Ghana Telecom report, he can clearly say that the move is unnecessary as Vodafone can easily decide not to comply with government�s directive.
The Accra-based legal practitioner pointed out, that attempts by government to re-engage Vodafone UK with the intention of varying the conditions of sale of GT were totally against the tenets of contract law and would paint Ghana in a very negative image internationally.
�I don�t see any legal basis for that kind of transaction, the whole thing has been concluded and I wonder how anybody can think they can vary it�; before the transaction ended, it could have been reviewed, but not when all the parties have agreed,� he said.
Speaking on Peace Fm�s �Kokrokoo� programme, he said he was very surprised, as this could go a long way to affect the International relations of the country. According to him, though the Minister of Communications, Haruna Iddrisu, has stated that there is a clause in the contract which talks about a �material adverse change� by which both sides would agree to review the deal whenever there was an unpleasant situation, in his experience, this �material adverse change� ceased to exist after transactions were closed.
�It has never happened before,� he charged.
He cited as an example, an instance where one decides to sell his house actually priced at GH�10,000 for GH�5,000 due to financial constraints, �but when he realizes that he undervalued the house, he later goes back to claim his house, no way�, he told Kwami Sefa-Kayi.
�The constitution states that it is only Natural Resources and Mines that belongs to the government so no one can claim personal ownership of a state resource�Vodafone can decide that they are not interested in re-engagement�Government can only use its status and power as minority shareholder to compel Vodafone, until that is used Vodafone can decide not to adhere to anything,� he added.
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