Member of Parliament for Okaikwei Central, Patrick Yaw Boamah, has praised former Attorney-General Godfred Yeboah Dame and officials within the Finance Ministry for their role in Ghana's victory in the US$393 million tax arbitration case against Tullow Ghana Limited. Boamah made the comments in a post reacting to Finance Minister Dr Cassiel Ato Forson's statement announcing the International Chamber of Commerce tribunal's ruling in favour of Ghana. The tribunal upheld the Ghana Revenue Authority's tax assessment of US$393,091,993.70.

According to Boamah, a significant part of the legal work leading to the ruling was undertaken before the change of government in 2025. He pointed to several major steps taken during this period, including the filing of the arbitration, Ghana's responses, and the composition and challenge of the arbitral tribunal. Tullow filed its request for arbitration in February 2023, and Ghana filed its response and counterclaim in April that year. Ghana also challenged Tullow's nominated arbitrator, Alistair Schaff KC.

The ICC Secretariat upheld Ghana's objection to Tullow's nominated arbitrator, and Ghana appointed Washington-based law firm Foley Hoag LLP to represent the country in the arbitration. Tullow filed its Statement of Claim in May 2024, and Ghana responded with its Statement of Defence in September 2024, supported by witness statements from four factual and legal witnesses. Boamah highlighted the many procedural steps taken between 2023 and 2025 to contest Tullow's arbitration claim.

Boamah emphasized the need to recognize the contribution of former Attorney-General Godfred Dame, who was Attorney-General during much of the period when those steps were taken. He praised Dame's dedication to the stout defence of arbitration claims against the Republic, which set Ghana on the course to victory in this matter. Boamah urged that credit be given where it is due.

Boamah also claimed that the case took a different turn after the NDC government assumed office in June 2025. He alleged that Ghana and Tullow explored a settlement involving the tax arbitration and a separate insurance-related dispute. Tullow reportedly signed Terms of Settlement under which the government would have accepted about US$150 million to settle the two tax claims.

However, Boamah credited lawyers within the Ministry of Finance with intervening at the last minute, preventing the Minister for Finance from signing the Terms of Settlement. The ICC tribunal has now dismissed Tullow's claims and upheld the GRA's assessment in full. The tribunal also found that the assessment did not breach the applicable Petroleum Agreements and that the penalty was properly applied.

Finance Minister Dr Cassiel Ato Forson stated that the government will continue discussions with Tullow over outstanding tax matters while working to implement the tribunal's award and protect the company's continued operations and investment in the Jubilee and TEN fields. The government's victory in this case is seen as a significant achievement, and credit is being given to those who contributed to the success.

Key points

  • The International Chamber of Commerce tribunal upheld Ghana's tax assessment of US$393,091,993.70 against Tullow Ghana Limited.
  • Former Attorney-General Godfred Yeboah Dame and officials within the Finance Ministry were credited with Ghana's victory in the tax arbitration case.
  • The case took a different turn after the NDC government assumed office in June 2025, with a settlement reportedly explored involving the tax arbitration and a separate insurance-related dispute.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.