Finance Lawyer Asks Supreme Court to Restrain Government from Issuing New Treasury Bills

Finance lawyer Jonathan Amable has petitioned Ghana’s apex court to restrain the government from issuing new treasury bills.

In a motion filed at the Supreme Court, Mr. Amable is seeking an order for an interlocutory injunction to prevent the Government of Ghana and its agents from engaging in any form of borrowing or debt financing without prior approval from Parliament.

This action is a response to a suit Mr. Amable filed in February of this year, where he sought a declaration from the court that certain sections of the Bank of Ghana Act, 2002 (Act 612), as amended in 2016, and the Public Financial Management Regulations, are inconsistent with Article 181(4) of the 1992 Constitution of Ghana.

Article 181(4) of the 1992 Constitution states that the terms and conditions of any loans the government grants or raises must be approved by Parliament.

In his February suit, Mr. Amable had requested the Supreme Court, through its enforcement of the article, to issue consequential orders stating that treasury bills—like all other loans—must be approved by Parliament. He also sought a halt in their issuance until the substantive case was heard. Additionally, he called for the declaration of the $10 billion COVID-19 bond issuance in 2020 as unconstitutional, as well as the financing of the National Cathedral from the Consolidated Fund.

In his recent interlocutory injunction application, Mr. Amable tells the court that despite the pending suit, the government has proceeded with what he deems unconstitutional actions. He is therefore requesting that the court intervene to stop the issuance of new treasury bills.

A full copy of his suit has been attached below:

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