Proceedings at the High Court, in Accra, have revealed that fuel sold to businessman Edmund Barwuah at the Shell filling station at Atimpoku was mixed with water.
The admission was made by John Delase-Michael, a retailer at the Atimpoku Shell Fuel Station and the first defence witness for Vivo Energy, operators of Shell stations in Ghana.
He made the disclosure under cross-examination by lawyers for the plaintiff.
“After I had dispensed the fuel into the container, it happened that it was mixed with some water,” the witness told the court.
Mr Barwuah has sued Vivo Energy at the High Court in Accra for allegedly selling petrol contaminated with water at its Atimpoku station, near the Adomi Bridge, in the Eastern Region.
In his writ, the plaintiff argues that Vivo Energy owed a duty of care to the public to ensure that fuel products sold at its filling stations met required standards but breached that duty for what he describes as “selfish and unholy financial gain.”
The incident occurred on August 28, 2022 and led to the closure of the station by the National Petroleum Authority (NPA).
Vivo Energy subsequently issued a statement explaining that heavy rains had caused water to leak into the station’s underground tank and apologised to customers.
Cross-Examination
During further cross-examination, led by counsel for the plaintiff, John Jaja, under the direction of Dela Blagogee, the witness admitted that he initially hesitated to dispense fuel into a container, when the plaintiff and his friend returned to the station to verify their claim of contamination.
He told the court that the filling station did not approve of dispensing fuel into containers, due to the risk of fire outbreaks and other accidents.
However, he said he eventually agreed under pressure.
“My Lord, at that time, I had no choice because if I had refused, it would have looked as if I was hiding something from the public,” he stated.
Counsel for the plaintiff suggested that the witness’s hesitation indicated prior knowledge that the fuel was contaminated. The witness denied the claim, insisting it was the first time such an incident had occurred at the station.
When questioned further, he admitted that there was no evidence before the court to support his claim that he was under immense pressure or that a commotion was imminent.
He also confirmed that none of the affected customers returned to the station wielding weapons or attempted to attack staff.
The witness disclosed that operations at the station were halted temporarily after the incident and resumed in February 2023.
He added that approximately 4,000 litres of the remaining contaminated fuel were later siphoned from the tanks and taken away.
Plaintiff’s Claims
In his statement of claim filed by his counsel, Dela Blagogee of Blagogee, Blacksword and Co. Law Chambers, Mr Barwuah averred that Vivo Energy placed profit ahead of human lives by selling contaminated fuel.
He contends that shortly after leaving the Atimpoku station in his 2017 Ford Explorer with his friend, John Michael Appiah-Acheampong, the vehicle began to jolt violently about a kilometre away, before the engine shut down abruptly while in motion.
According to the suit, the incident caused shock, fear and panic, as well as exposed them to the real possibility of a road accident that could have resulted in injury or death.
The plaintiff further claims that despite being informed about the contamination about an hour earlier, the station continued to sell the fuel to unsuspecting customers, demonstrating reckless disregard for lives and property.
M rBarwuah maintains that the defendant knowingly sold contaminated fuel and deliberately failed to halt sales, thereby endangering consumers.
He is seeking special damages of GH¢2.5 million for a missed business opportunity, an order compelling Vivo Energy to replace his 2017 Ford Explorer with a similar vehicle of the same specification and GH¢600 per day for loss of use of the vehicle from August 28, 2022 until it is replaced, among other reliefs.
