In the 31 July 2018 letter, Ameri had denied knowledge of the new deal, saying: “Moreover, also never had insight of any commercial discussion between you and the new party, therefore, could not have verified that the above permissions were not obtained at the time of presentation before parliament.
“In view of the ongoing circumstance, the management of Ameri Energy has taken notice of this and would like to inform you that we shall not be deemed associated with the Novation and Amendment Agreement and will only remain committed to our original BOOT agreement signed on 20th of February 2015.
“Upon the completion of our five-year term, your ministry can freely decide to handover the project to any third party at a commercial arrangement you may deem right.”
In that letter, Ameri Energy also implored the government of Ghana to pay a defaulted amount of $82, 660, 560.00, warning that failure to defray the debt could spark legal action on their side.
However, the earlier letter titled ‘Letter of Authorisation’, from Ameri Energy giving authorisation to its Ghanaian representative to sign the new deal, said: “I, Maher Al Alili, the acting Chief Executive Officer of Ameri Energy Power Equipment Trading L.L.C. (“the Company”), a company duly incorporated and vividly existing under the laws of United Arab Emirates, on behalf of the Company, hereby authorise Mr Nicholas Mawuse Addo, Ghanaian national holding passport number G0696684 (“the Authorised Representative”) (copy enclosed) to only initial the Novation and Amendment Agreement for Build Own Operate & Transfer Agreement, dated 10/02/2015 (“the Purpose”), signed between the Government of Ghana, through the Ministry of Energy and Africa and Middle East Resources Investment Group L.L.C., which was subsequently assigned to Ameri Energy Power Equipment Trading L.L.C. (“the Transaction”) in connection with the Transaction”.
It continued: “This authority is strictly limited to the Purpose and only allows the Representative to only initial the Novation and Amendment Agreement”.
It added: “This Authorisation in favour of the Authorised Representative, shall expire on 27th day of July 2018”.
Per the renegotiated Novation and Amendment Agreement, Ameri Energy would have been bought out and handed over to Mytilineos International Trading Company for 15 years.
Per that deal, Mytilineos offered to pay Ameri Energy off with $52,160,560, while the government of Ghana would have topped it up with $39 million.
The deal was, however, cancelled by President Nana Akufo-Addo, even though he had earlier approved it through an Executive Order, while it pended parliamentary nod.
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