AFRICAN AND WESTERN PERSPECTIVES TOWARDS MAJOR INFRACTIONS IN THE UPSTREAM PETROLEUM INDUSTRY: THE KOSMOS LTOBM SPILL IN GHANA

When the American Texas-based oil company Kosmos Energy spilled low toxic oil-based mud (LTOBM) in the Republic of Ghana’s maritime waters, the fact that this spillage occurred was not in contention. The issue was the authority of the Committee appointed to look into the matter to impose a monetary fine – especially in respect to the quantum imposed – as neither its terms of reference had stipulated that, nor was there any provision in the law empowering it so to do. As a tussle ensued between the host government and Kosmos over the payment of the fine, as is often the case in such matters in such jurisdictions, two dominant perspectives...