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Under The mango tree brief of The ENI v Ghana Case

This is brought to you because of the spinners. Everyone is spinning, many have become dizzy and confused !!

Since there are 3 sides to every story, and you’ve heard 2 already, let’s hear side 3.

  • Ghana Tells ENI to join with another company by force and work together and even finance their operations.

  • ENI: Ghana you can’t force me to join my operations with another company, I won’t.

  • Ghana: whether you like it or not, you will join with them and work with them and finance their operations.

  • ENI: I will go to international court and sue you to stop this merger (aka unitisation) I won’t join!!

  • Ghana: you will join otherwise you can’t do business in Ghana, we will sue you first in our courts.

  • Ghana sues ENI in Ghana. ENI sues Ghana in international court.

The cases

ENI sues to declare that:

  1. The forced merger is wrong, unlawful and should be stopped.
  2. That Ghana’s actions have cost them a lot and so Ghana should be ordered to pay ENI almost a billion dollars in damages etc. Plus legal fees for their lawyers and the court fees too.

Ghana replied ENI and counterclaims against them that:

  1. The merger should be declared lawful and ENI should be ordered to do it.
  2. ENI should pay Ghana for damages and costs

By Court, the ruling is as follows:

  1. The merger was unlawful and wrong so ENI should not join or merge with any company. Ghana’s orders were wrong period !!.

  2. ENI has not proven that it lost a billion dollars so they won’t be given any damages.

  3. Each part should go and pay their lawyers. The 2 parties should share and pay the court fees.

If anyone tells you Ghana won, they are simply saying Ghana Lost but avoided the payment of damages. It’s NOT a win it is an escape !!

If they tell you ENI won. Indeed they also escaped the forced merger but to the extent that they got the main relief they sought, they won!

Even if they didn’t get damages and they have to pay their own lawyers !! ENI won!!!

Kofi Bentil – Snr. Vice President, IMANI Africa


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