ECG Wins Legal Battle Against PDS in London
The Electricity Company of Ghana (ECG) has secured a decisive legal victory in London after an international arbitration tribunal dismissed all claims brought against it by Power Distribution Services Ghana Limited (PDS).
The ruling, delivered after nearly three years of proceedings, ends a long-running dispute over the controversial termination of the PDS concession agreement, a deal that was once touted as a major step toward reforming Ghana’s power distribution sector.
Background
In 2019, PDS took over the management of ECG under a 20-year concession agreement, which was part of the Millennium Challenge Compact (MCC) programme between the Government of Ghana and the Millennium Challenge Corporation (MCC) of the United States.
The agreement was intended to bring private-sector efficiency into ECG’s operations and improve electricity distribution across the country. However, just months into the arrangement, the Government of Ghana, through ECG, suspended and later terminated the contract.
The termination followed revelations that the payment guarantees provided by PDS—through Al Koot Insurance and Reinsurance Company of Qatar—were fraudulent.
These guarantees were a key requirement of the deal, designed to secure PDS’s financial obligations under the concession.
Despite assurances from PDS that it had fulfilled all preconditions for the transfer, investigations revealed that Al Koot had not authorised the guarantees in question. Subsequent court rulings in Qatar, including from the Qatari Court of Cassation, confirmed that the documents were indeed forged.
The Legal Battle
Following the termination, PDS initiated arbitration proceedings in London, claiming ECG’s actions were wrongful. The company sought a declaration of wrongful termination, direct costs of about US$39.4 million, and alleged lost profits of US$351.5 million.
ECG, represented by Omnia Strategy LLP, led by Cherie Blair KC, robustly defended the case, maintaining that the termination was fully justified and in the national interest. ECG argued that PDS had failed to exercise due diligence in verifying the authenticity of the payment guarantees—an omission that fundamentally undermined the concession.
The Tribunal’s Decision
After years of legal submissions and hearings, the London-seated tribunal dismissed all of PDS’s claims in their entirety. The tribunal upheld ECG’s position that the fraudulent guarantees went to the heart of the concession and justified its termination of the agreement.
Significance of the Ruling
The ruling is a major win for ECG and the Government of Ghana, shielding the state from potential financial liability amounting to hundreds of millions of dollars. It also brings closure to one of the most contentious chapters in Ghana’s recent energy sector history.
With this victory, ECG is now positioned to move forward and focus on improving power distribution for Ghanaians without the shadow of the PDS dispute.
The decision also reaffirms the state’s stance on protecting public resources and ensuring accountability in major national contracts.
