Court Rules For AG in Woyome GHC51.2 million Scandal

By Felix Engsalige Nyaaba

The Commercial Division of the Accra High Court yesterday granted the writ and motion application filed by the Attorney General, seeking leave of the court among others to amend its statement of claim and to set aside the contentious GHC51.2 million judgment debts paid to a businessman, Alfred Agbesi Woyome.

The court presided over by Justice Barbara Ackah-Yensu  however,  gave the state   three days to file the amended statement of claim and have it served on to the respondent, Mr. Alfred Woyome or his lawyers.

Lawyers for Woyome on the other hand, were also ordered to file their response within seven days after receiving the AG’s amended statement for the state to also respond within three days.

In addition, the trial judge yesterday awarded a cost of GHC2, 000.00 against the state for causing unnecessary delay in the case for having sought several adjournments since the suit was filed.

 Justice Barbara Ackah-Yensu also faulted the Attorney General for failing to raise the constitutional elements in the case earlier  which could have   helped  the then trial  judge  on the case  not to  concede to a  consent judgment against the state.

“I think the Attorney General have conducted an irresponsible conduct towards the case at the time it was brought to court for failing to raise theses constitutional issues before the learned trial judge”, if these were raised, we wouldn’t have been here today,” the trial judge opined.

On the issue of fraud against Woyome leading to the GHC51.2 million paid to him, Justice Ackah-Yensu held that, the court as an umpire   in the case with discretional powers,   would grant the application for the state to show evidence of fraud as the court rules demands and for the interest of fair justice in the matter.

The court also dismissed the argument submitted by counsel for the defendant that, the state was trying to reproduce the case afresh,

According to the judge, the state has a distinct responsibility to protect the constitution of the country and that per the rules of the court the state can call for a reopening of the case.

The Attorney General has filed a motion seeking leave among others to file an amended statement of claim for the GHC51.2 million paid to Mr. Woyome.

According to a senior state Attorney, Mr. Cecil Adadevoh, further investigations has revealed that, there were legal lapses  on the contract leading to a consent judgment against the state and that the GHC51.2 million paid to the  respondent  between 2010 and 2011, was illegal.

The state in its application therefore prayed for an order that, the contract that alleged to have entered between the defendant and the government of Ghana was an international transaction per Article 181(5) of the 1992 constitution and ought to have gone through parliament for approval.

It also wants an order of the court that, the consent judgment entered in July 2010 which led the respondent to be paid GHC51.2 million was obtained through fraudulent means and therefore do not have legal binding on the state and should be held as null and void with no legal effect.

The state further prayed the court to as a matter of law, nullified the contract between the respondent, the Waterville Company Limited and the State which led to the payment of the judgment debt as null and void, for it has not pass through parliament for approval and therefore has no legal effect.

But counsel for the respondent, Ms Doris Acquaye Nortey opposed the state argument that, the transaction was an international one and ought to have gone through parliament for approval.

Counsel contended that, the case which led the respondent to obtain the consent judgment was not involved with any international company and that; the constitutional breach of contract stated by the Attorney General was untenable.

She further contended that, the consent judgment was obtained as result of judgment in default and that; the state has no legal aptitude to set-aside a consent judgment and start the case afresh.

After the ruling, justice Ackah-Yensu adjourned the case to March 26, this year for the state to move it motion with the amended statement of claim and to show cause as to why the court should nullify the consent judgment.

Mr. Woyome has been paid GHC51.2 million in 2010/2011 for alleged breach of contract by the erstwhile New Patriotic Party(NPP)  government  for the  renovation of the country sport stadia’s  towards the  Africa Cup of Nations held in Ghana in 2008.

The GHC51.2 million payments to Mr. Woyome on judgment debt have received public outcries and the Attorney general filed the suit at the Commercial Court challenging the legality of the entire contract.

He was later arrested early this month  after an investigation conducted by the Economic and Organized Crime Office(EOCO)  and charged for  fraud and corruption  of which he pleaded not guilty and was granted  bail in the sum of GHC20 million with three sureties to be justified.

The Economic and Organized Crime Office(EOCO) has also frozen his ADB account and are seeking further order from the court to freeze other financial assets belong to the business mogul, Mr. Alfred Agbesi Woyome.