Accra, April 9, – A key witness in the ongoing Atimpoku fuel contamination case has informed an Accra High Court that he has no evidence of any investigative report relating to the incident.
The witness, Mr John Delase-Michael, Station Manager of the Atimpoku branch of Vivo Energy Ghana Limited (formerly Shell Filling Station), made the disclosure during cross-examination.
He told the court that although investigations were conducted after the incident, he was not briefed on the outcome.
“After investigations were conducted, I was not informed of the outcome. However, I believe the report would have been issued to the authority that invited the state institutions to carry out the investigations,” he said.
Mr Delase-Michael further stated that he had not submitted any Assessment Impact Report from national regulatory bodies as evidence before the court.
“I have not brought any report before this court,” he confirmed.
The case was filed by businessman Mr Edmund Barwuah against Vivo Energy Ghana, following allegations that petrol sold at its Atimpoku station near the Adomi Bridge was contaminated with water.
The plaintiff claims he and other customers unknowingly purchased the contaminated fuel on August 28, 2022, an incident that led to the temporary closure of the station by the National Petroleum Authority (NPA).
He is alleging that the company failed in its duty of care by supplying substandard fuel and describes the incident as a breach driven by “selfish and unholy financial gain.”
In its defence, Vivo Energy has attributed the incident to heavy rainfall, which it says led to water entering an underground fuel storage tank. The company has also apologised for the disruption.
The witness explained that after the incident, Vivo Energy’s head office invited regulatory agencies, including the Environmental Protection Authority (EPA), the Ghana National Fire Service, and the NPA, to conduct investigations, although he said he was not responsible for initiating such processes.
“It was not in my power to call the EPA and the other agencies to investigate the cause on that day,” he told the court.
He added that no official briefing or documentation regarding any assessment report had been shared with him.
Mr Delase-Michael also told the court he was unaware of any formal operational guidelines governing rainfall-related incidents at the station.
During proceedings, he acknowledged awareness of the 2015 Kwame Nkrumah Circle disaster involving flooding and a fuel explosion linked to water contamination in underground tanks, which resulted in multiple fatalities.
However, he disagreed with suggestions from counsel that Vivo Energy had failed to take sufficient precautions following that incident.
The matter continues in court.
GHBUSS
9 April 2026
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