The Station Manager of the Atimpoku branch of Vivo Energy Ghana Limited, operators of the Shell Filling Station, John Delase-Michael, has told the High Court in Accra that he has no proof of the outcome of an assessment conducted by key state institutions following a fuel leakage incident at the station.
Testifying as a witness for Vivo Energy in an ongoing fuel contamination lawsuit, Delase-Michael said the assessment was carried out by the National Petroleum Authority, Environmental Protection Authority and the Ghana National Fire Service at the request of his superiors.
However, he admitted under cross-examination that he had not presented any report from these institutions to the court.
“I have not brought any report to this court,” he stated, when questioned by counsel for the plaintiff. The case stems from a suit filed by businessman Edmund Barwuah against Vivo Energy over allegations that its Shell station at Atimpoku, near the Adomi Bridge, sold petrol mixed with water to customers.
Barwuah contends that Vivo Energy breached its duty of care by supplying contaminated fuel, accusing the company of acting for “selfish and unholy financial gain.”
He was among several customers affected by the incident on August 28, 2022, which led to the closure of the station by the National Petroleum Authority.
Vivo Energy later attributed the contamination to rainwater seeping into an underground fuel storage tank during a heavy downpour and issued an apology.
During proceedings, Delase-Michael admitted that the fuel sold at the station was indeed contaminated. However, he maintained that while the regulatory bodies visited the site, he was not informed of the outcome of their investigations.
“To me, I will say no because after the investigation was made, I was not informed of the outcome,” he said, adding that any report generated would have been submitted to the company’s head office.
Counsel for the plaintiff argued that no proper assessment was conducted to determine whether the effects of the leakage extended beyond the filling station.
The witness also disclosed that he had not been briefed on any findings nor engaged in discussions regarding the impact of the incident.
Under further questioning, Delase-Michael said he was unaware of any official guidelines to be followed during rainfall at fuel stations.
He, however, acknowledged a similar tragic incident in 2015 at Circle, where water infiltration into a fuel tank contributed to a deadly fire outbreak.
The court is expected to continue hearing the case as cross-examination proceeds.
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