Addressing Illegal Activities in Ghana’s Downstream Petroleum Sector
The National Petroleum Authority (NPA) is taking significant steps to combat illegal activities within Ghana’s downstream petroleum sector. One of the key initiatives being proposed is the establishment of a dedicated Petroleum Court. This move comes as part of a broader effort to strengthen regulatory enforcement and ensure that criminal activities in the sector are swiftly addressed.
In a high-level meeting with the Acting Chief Justice, His Lordship Justice Paul Baffoe-Bonnie, the Chief Executive of the NPA, Mr. Godwin Kudzo Tameklo Esq., emphasized the need for urgent judicial support to expedite the prosecution of petroleum-related crimes. The NPA, established under the National Petroleum Authority Act, 2005 (Act 691), is tasked with regulating, monitoring, and overseeing Ghana’s downstream petroleum sector. Over the years, this sector has seen considerable growth and diversification, attracting both private and public investments.
However, the existing regulatory framework has struggled to keep up with the evolving dynamics of the industry, particularly concerning the criminal activities carried out by certain operators. To address these challenges, the NPA recognizes the importance of fostering a strong collaborative partnership with the Judiciary. This collaboration aims to ensure that legal cases within the sector are adjudicated efficiently, expeditiously, and consistently.
Mr. Tameklo highlighted that while the NPA has internal structures to resolve some disputes, criminal cases often face delays in the general court system. He stressed the need for specialized judicial support, either through the creation of a dedicated court or by assigning a judge to periodically handle petroleum-related matters. This would enable the swift resolution of industry offenses and help maintain the integrity of the sector.
“Our role as an Authority extends beyond regulation to protecting national economic and energy security,” he said. “Criminal infractions in the downstream sector threaten this mandate. A strong collaboration between the NPA and the judiciary will ensure that offenders are held accountable swiftly, serving both justice and deterrence.”
The growing complexity of the downstream sector, combined with delays in prosecuting offenders, poses a threat to both industry integrity and national economic security. Mr. Tameklo noted that the sector is critical to Ghana’s energy security, and enforcement delays weaken confidence in the regulatory framework.
The NPA, as a key national security stakeholder, requires judicial support to uphold the rule of law within the industry and protect the public interest. In response, His Lordship Justice Baffoe-Bonnie welcomed the proposal, describing it as “worth exploring.” He acknowledged the frustrations caused by protracted court trials and cautioned that challenges such as a shortage of judges and heavy court dockets could hinder implementation.
“I support the idea of a dedicated court that can handle your cases with expedition,” he said. “Criminal prosecution is not just about punishing offenders. It is also about deterrence, letting people know there are consequences for breaking the law.”
Despite these challenges, the Acting Chief Justice proposed a practical solution: designating an existing court to dedicate at least two days every two weeks specifically for petroleum-related cases. He suggested naming it the Petroleum Court, providing a clear mandate and focus to address the industry’s unique challenges.
Justice Baffoe-Bonnie also expressed concern over the growing culture of indiscipline in Ghanaian society, warning that it cuts across all sectors, including the petroleum industry. “Ghana is not a poor country, but indiscipline is eating into the very fabric of our society. Unless we enforce the law consistently and decisively, this trend will continue unchecked,” he said.
He emphasized the importance of swift justice to deter illegal activities, stating, “Criminal prosecution is not only about punishment. It sends a message to prevent others from committing the same offences.”
The NPA was granted prosecutorial powers in 2020 under the Appointment of Public Prosecutors Instrument (E.I. 378), empowering the Authority to prosecute offenders of the National Petroleum Authority Act, 2005 (Act 691) and related laws. The proposed collaboration with the judiciary marks a critical step toward ensuring that these powers are effectively exercised to safeguard industry integrity and protect consumers.
If successful, the proposed Petroleum Court will represent a significant step in fast-tracking trials relative to the country’s downstream petroleum industry. This initiative underscores the NPA’s commitment to maintaining a robust and effective regulatory framework that supports the long-term growth and stability of Ghana’s petroleum sector.
