Bentsi-Enchill, Letsa & Ankomah.

Ghana’s power sector has seen gradual growth from its dependence on hydroelectric power to the adoption of thermal and renewable sources such as solar. This growth has resulted in the country exporting some of the excess power it generates to neighbouring countries. However, the power sector still faces some challenges in respect of transmission and distribution networks.

We have unparalleled local knowledge and understanding of Ghana’s power sector and advise our clients on all legal matters relating to thermal and renewable energy. Our expertise spans regulatory issues, power project agreements, project structuring, development and financing, mergers and acquisitions, to all associated commercial issues. 

We have worked on some of the most complex and financially significant transactions in the sector and on the day-to-day legal operations of these businesses. We constantly ensure that our clients are developing and optimizing strategies that will enable them to successfully meet the commercial and legal requirements of today's energy and power market.

 
Our capabilities include

Transaction advisory: acting as project counsel on power transactions.

Contract negotiation: drafting, advising on and negotiating the terms of transaction documents including power purchase agreements, fuel supply agreements, engineering, procurement and construction (EPC) contracts, operations and management contracts, and put-call option agreements.

Project finance: advising on various financing facilities for the development of power projects in Ghana.

Regulatory and tax advisory: advising on licensing and permitting processes and general corporate issues.

Due diligence audits: carrying out a due diligence reviews and making recommendations in connection with fatal flaws and risk mitigation.

Key Matters

Acme Group: Due diligence on a proposed acquisition of a 200MW PV Solar Project.

Trina Solar: Proposed acquisition of a company developing a 155MW PV Solar Project in Ghana.

Mainstream Renewable Power: Development of a 650MW wind farm in Ghana.

Emerging Markets Power Limited: Development of local content regulation and policy on a power project.

Akin Gump Strauss Hauer & Feld LLP / Zoetic Energy LLC: Development of a “hydrokinetic” power facility that would generate up to 100MW of electric energy. 

UMAWA-Arkolia West Africa Limited: PPA with the Electricity Company of Ghana (“ECG”) with respect to feed energy derived from a biogas plant, and from several photovoltaic roof mounted and ground solar power plants across southern Ghana into the ECG’s grid.

International Finance Corporation / Hunton & Williams LLP: Proposed restructuring of the Electricity Company of Ghana for private sector participation under the Millennium Compact II programme. 

Sunon Asogli Power Project:  200 MW power purchase agreement between the Electricity Company of Ghana and Shenzhen Energy Group Company Limited.

General Electric: Multi-phase greenfield thermal power project, including a due diligence review of a target company.

Siemens: Review of the legal framework for local content and participation in the energy sector and how it affects its business in Ghana.

Allen & Overy LLP / Sumitomo Corporation: Proposed investment in the Cenpower / Kpone IPP project in Ghana.

China-Africa Development Fund:  Loss Reduction Agreement with the Electricity Company of Ghana.

Balkan Energy: Power Purchase Agreement with the Government of Ghana in relation to floating power barge project and represented in international arbitration.

 

Publications