[ad_1]
The Human Rights Division of the High Court dismissed an application for an interim injunction against the application of the policy of the cylinder recirculation model (CRM) )
Ghana LPG Operators The badociation (GLiPGOA) and its chairman, Togbi Adaku, jointly filed an application requesting the court to grant an interlocutory injunction to prevent the National Petroleum Authority ( NPA) to implement the CRM until the final determination of a substantial complaint challenging the CRM policy.
But the court stated in its decision that the applicants had failed to prove that the rights that they claimed to have been violated by the implementation of the policy of RCMP.
produce their licenses from the NPA.
See also: 18 Companies apply to set up LPG bottling plants
According to the president of the court, the indi case files declared that the RCMP policy should be implemented. 2019 and that, for this reason, no offense had been committed under the NPA Act, as alleged by the applicants.
From the foregoing, the court found that the applicants' fear of the implementation of the policy was based on financial considerations.
the applicants' case resulted in the merits case, they could be adequately compensated, while the NPA, which acted under public security, would not be compensated.
Arguments
Applicants, Mr. Harold Atuguba, urged the court to prevent the NPA from implementing the CRM policy on the ground that the applicants have rights which must be protected under the NPA Law.
He submits that the applicants seek to protect their interests
M. Atuguba further submitted that the NPA's implementation of the RCMP policy would indirectly, and in some cases, limit the scope of such licenses.
the NPA could not use a policy to amend the NPA law and in the event that this would happen, it would be contrary to Article 23 of the 1992 Constitution.
He further argued that the claimants would suffer irreparable harm if the court failed to confirm the application for an interim injunction.
Related: LPG operators claim that cylinder recirculation is interrupted
NPA
In response, the NPA's lawyer, Mr. Ace Anan Ankomah, s & # 39, opposed the motion and argued that the applicants had not demonstrated that the rights they sought to protect existed .
He said that they also had no prosecutors granted by the NPA
The attorney argued that the petitioners were not not allowed by the NPA to engage in the retail business of LPG and for this reason, their argument that their licenses, was not based on a faithful interpretation of the Act on the ANP.
million. Ankomah reiterated that the applicants would continue to operate as LPG subcontractors and would continue to sell LPG products.
He stated that the NPA exercised a statutory function conferred upon it and that, if the request for an injunction were granted, the NPA would be prohibited from engaging in consultations with stakeholders to develop CRM policy and, therefore,
He informed the court that, although CRM's policy was based on the need to strengthen public safety in LPG operations, the only interest of the applicants in filing this application was financial win at the expense of public safety, and, therefore, requested the court to dismiss the claim.
Costume
In essence, plaintiffs are asking the court to declare that the CRM policy was inconsistent with the 2005 National Petroleum Authority Act (Law 691) , illegal and inconsistent with Article 23 of the 1992 Constitution of Ghana.
Email: This email address is being protected from spambots.
Ghana LPG Operators The badociation (GLiPGOA) and its chairman, Togbi Adaku, jointly filed an application requesting the court to grant an interlocutory injunction to prevent the National Petroleum Authority ( NPA) to implement the CRM until the final determination of a substantial complaint challenging the CRM policy.
But the court stated in its decision that the applicants had failed to prove that the rights that they claimed to have been violated by the implementation of the policy of RCMP.
produce their licenses from the NPA.
See also: 18 Companies apply to set up LPG bottling plants
According to the president of the court, the indi case files declared that the RCMP policy should be implemented. 2019 and that, for this reason, no offense had been committed under the NPA Act, as alleged by the applicants.
From the foregoing, the court found that the applicants' fear of the implementation of the policy was based on financial considerations.
the applicants' case resulted in the merits case, they could be adequately compensated, while the NPA, which acted under public security, would not be compensated.
Arguments
Applicants,
He submits that the applicants seek to protect their interests
M. Atuguba further submitted that the NPA's implementation of the RCMP policy would indirectly, and in some cases, limit the scope of such licenses.
the NPA could not use a policy to amend the NPA law and in the event that this would happen, it would be contrary to Article 23 of the 1992 Constitution.
He further argued that the claimants would suffer irreparable harm if the court failed to confirm the application for an interim injunction.
Related: LPG operators claim that cylinder recirculation is interrupted
NPA
In response, the NPA's lawyer, Mr. Ace Anan Ankomah, s & # 39, opposed the motion and argued that the applicants had not demonstrated that the rights they sought to protect
He said that they also had no prosecutors
The attorney argued that the petitioners were not not allowed by the NPA to engage in the retail business of LPG and for this reason, their argument that their licenses, was not based on a faithful interpretation of the Act on the ANP.
million. Ankomah reiterated that the applicants would continue to operate as LPG subcontractors and would continue to sell LPG products.
He stated that the NPA exercised a statutory function conferred upon it and that, if the request for an injunction were granted, the NPA would be prohibited from engaging in consultations with stakeholders to develop CRM policy and, therefore,
He informed the court that, although CRM's policy was based on the need to strengthen public safety in LPG operations, the only interest of the applicants in filing this application was
Costume
In essence, plaintiffs are asking the court to declare that the CRM policy was inconsistent with the 2005 National Petroleum Authority Act (Law 691) , illegal and inconsistent with Article 23 of the 1992 Constitution of Ghana.
Email: This email address is being protected from spambots.
[ad_2]
Source link
