Accra, Feb. 16, GNA – All the legal and constitutional processes concerning the Government’s acquisition of AirtelTigo is at the completion stage, Mrs Ursula Owusu-Ekuful, the Minister of Communications and Digitisation, has said.

Mrs Owusu-Ekuful made the disclosure on the floor of Parliament in her respond to a question from Mr Samuel Nartey George, the Member of Parliament for Ningo-Prapram and Member on the Parliamentary Select Committee on Communications.

Mr George was seeking to know from the Minister if the Ministry intended to comply with Article 181(5) of the 1992 Constitution in the matter relating to the announced state acquisition of AirtelTigo Ghana from its parent holding Company, Bharti Airtel International, Netherlands B.V. and if so, when?

Article 181(5) of the 1992 Constitution says, “This article shall, with the necessary modifications by Parliament, apply to an international business or economic transaction to, which the Government is a party as it applies to a loan”.

Mrs Owusu-Ekuful in her responds said, the Ministry of Communications and Digitalisation (MoCD) oversees the Telecom/ICT sector in full compliance with the laws of the land and would complete all legal and constitutional processes by the end of this meeting of Parliament for the acquisition of AirtelTigo.

Mr George said the Daily Graphic of November 3rd, 2021, cited the Minister as announcing Government’s complete takeover of the Company; adding that “so, I want to find out from the Minister did the Daily Graphic quotes her wrongly or is she coming to Parliament to ratify the acquisition or sale of the Company to Government after she had completed the transaction?”

He said in line with 181 (5) it should have been before the transaction, not after the transaction; saying, “I want clarity on that matter from the Minister”.

He said the Ministry had not since the publication in November 2021 come out to dispute this position that Government had acquired the 100 per cent share (of the Company).

The Minister in her response said: “Mr Speaker, the acquisition of telecommunications companies follows a process, and that process is on going. “There are phases in that process from contract signing, regulatory approval and closing obligations, that the parties have to undertake, and then, the legal and regulatory processes that have to be gone through, contract to sign at a particular period and, thus, what was announced”.

“The other closing obligations are ongoing and when we conclude all of that, part of it being, if on the advice of the Attorney-General that we need to comply with any provisions of the law regarding the acquisition, it will be done in due course.”

Mr George: “The parent holding Company indicated in a publication on the Indian Stock Exchange on the 27th of October 2020 and on the 16th of April, 2021, that they have completed their sale (of the Company) to the Government of Ghana.

He said the parent holding Company had indicated on the Indian Stock Exchange that the sale of AirtelTigo had been completed.

“Mr Speaker, I am quoting a news reportage where the Minister is reported as saying, One Dollar for the acquisition of AirtelTigo….Honourable Ursula Owusu-Ekuful signed for the Government of Ghana while Jatina Catharina Uneken-van de Vreede, Martin P. Frechette, Timothy Pennington, Eric Nana Nipah and Vish Ashiagbor, signed on behalf of the seller entity.

“Mr Speaker, there’ve been an offer, there’ve been an acceptance; a sale of the shares has been completed, the old shareholder has stated on the Indian Stock Exchange that they have disposed off their ownership of the Company, at what point has the Minister come to Parliament for approval to engage in such an international transaction?”

Minister: “We are still in the closing of obligation state of this transaction and so all the legal and constitutional processes will be completed on the advice of the Attorney-General by the end of this meeting of Parliament. Thank you Mr Speaker.”

Mr George again questioned the Minister that based on whose advice did she negotiate the transaction for the Government’s acquisition of the AirtelTigo?

The Minister said the Attorney-General was the Legal Advisor to the Government, and that all legal transactions and contracts were entered into with the advice of the Attorney-General.

Mr Alban Bagbin, the Speaker of Parliament, recommended that the Government puts before the House the agreement for the acquisition of Airtel-Tigo.

The Speaker said from the Ministerial point of view the processes involved some consensus with the parties before they come to Parliament for approval.

“Whatever, they do, without the final approval of Parliament as you know, is of no effect, it is null and void,” Mr Bagbin said.

“The Minister is a lawyer of great repute, and we are simply drawing her attention to it. And so, once she is given us her word, we will go by it.”

GNA

Accra, Feb. 16, GNA – All the legal and constitutional processes concerning the Government’s acquisition of AirtelTigo is at the completion stage, Mrs Ursula Owusu-Ekuful, the Minister of Communications and Digitisation, has said.

Mrs Owusu-Ekuful made the disclosure on the floor of Parliament in her respond to a question from Mr Samuel Nartey George, the Member of Parliament for Ningo-Prapram and Member on the Parliamentary Select Committee on Communications.

Mr George was seeking to know from the Minister if the Ministry intended to comply with Article 181(5) of the 1992 Constitution in the matter relating to the announced state acquisition of AirtelTigo Ghana from its parent holding Company, Bharti Airtel International, Netherlands B.V. and if so, when?

Article 181(5) of the 1992 Constitution says, “This article shall, with the necessary modifications by Parliament, apply to an international business or economic transaction to, which the Government is a party as it applies to a loan”.

Mrs Owusu-Ekuful in her responds said, the Ministry of Communications and Digitalisation (MoCD) oversees the Telecom/ICT sector in full compliance with the laws of the land and would complete all legal and constitutional processes by the end of this meeting of Parliament for the acquisition of AirtelTigo.

Mr George said the Daily Graphic of November 3rd, 2021, cited the Minister as announcing Government’s complete takeover of the Company; adding that “so, I want to find out from the Minister did the Daily Graphic quotes her wrongly or is she coming to Parliament to ratify the acquisition or sale of the Company to Government after she had completed the transaction?”

He said in line with 181 (5) it should have been before the transaction, not after the transaction; saying, “I want clarity on that matter from the Minister”.

He said the Ministry had not since the publication in November 2021 come out to dispute this position that Government had acquired the 100 per cent share (of the Company).

The Minister in her response said: “Mr Speaker, the acquisition of telecommunications companies follows a process, and that process is on going. “There are phases in that process from contract signing, regulatory approval and closing obligations, that the parties have to undertake, and then, the legal and regulatory processes that have to be gone through, contract to sign at a particular period and, thus, what was announced”.

“The other closing obligations are ongoing and when we conclude all of that, part of it being, if on the advice of the Attorney-General that we need to comply with any provisions of the law regarding the acquisition, it will be done in due course.”

Mr George: “The parent holding Company indicated in a publication on the Indian Stock Exchange on the 27th of October 2020 and on the 16th of April, 2021, that they have completed their sale (of the Company) to the Government of Ghana.

He said the parent holding Company had indicated on the Indian Stock Exchange that the sale of AirtelTigo had been completed.

“Mr Speaker, I am quoting a news reportage where the Minister is reported as saying, One Dollar for the acquisition of AirtelTigo….Honourable Ursula Owusu-Ekuful signed for the Government of Ghana while Jatina Catharina Uneken-van de Vreede, Martin P. Frechette, Timothy Pennington, Eric Nana Nipah and Vish Ashiagbor, signed on behalf of the seller entity.

“Mr Speaker, there’ve been an offer, there’ve been an acceptance; a sale of the shares has been completed, the old shareholder has stated on the Indian Stock Exchange that they have disposed off their ownership of the Company, at what point has the Minister come to Parliament for approval to engage in such an international transaction?”

Minister: “We are still in the closing of obligation state of this transaction and so all the legal and constitutional processes will be completed on the advice of the Attorney-General by the end of this meeting of Parliament. Thank you Mr Speaker.”

Mr George again questioned the Minister that based on whose advice did she negotiate the transaction for the Government’s acquisition of the AirtelTigo?

The Minister said the Attorney-General was the Legal Advisor to the Government, and that all legal transactions and contracts were entered into with the advice of the Attorney-General.

Mr Alban Bagbin, the Speaker of Parliament, recommended that the Government puts before the House the agreement for the acquisition of Airtel-Tigo.

The Speaker said from the Ministerial point of view the processes involved some consensus with the parties before they come to Parliament for approval.

“Whatever, they do, without the final approval of Parliament as you know, is of no effect, it is null and void,” Mr Bagbin said.

“The Minister is a lawyer of great repute, and we are simply drawing her attention to it. And so, once she is given us her word, we will go by it.”

GNA