Attempts by the businessman, Alfred Agbesi Woyome, to stop the Economic and Organised Crime Office (EOCO) from carrying out investigations into the payment of GH�51.2 million judgement debt to him suffered a setback...
...yesterday when the Accra Fast Track High Court said it was too late to do anything to restrain EOCO.
According to the court, EOCO had already concluded its investigations into the matter and submitted its report to the government, while Woyome was being prosecuted in another court over the same matter.
�I am of the view that there is nothing left for this court to stop EOCO from doing. The matter should take its normal course,� Mr Justice A. K. Ofori-Atta, the judge, ruled.
He added that having read the pleadings and the affidavits attached, the statements of case of the parties and submissions of their counsel, it was a well-known fact that EOCO had concluded its investigations and submitted its report and so there was nothing for the court to restrain EOCO from doing.
Woyome had filed a motion on notice for interlocutory injunction against EOCO from carrying out investigations into suspected offences, including fraud, in the award and execution of contracts for the construction of stadia for CAN 2008.
He had also sought an order to prevent EOCO from interfering with the High Court decision that handed him the judgement debt or publishing any report of its investigations.
Although EOCO had, in its report, indicted Woyome and some present and past government officials, the court will go ahead and hear the case instituted by Woyome on its merit.
Woyome�s argument had been that EOCO had no mandate to investigate the judgement of a court.
At the court�s sitting yesterday, the judge said it was common knowledge that Woyome had been hauled before a criminal court and, therefore, wanted to know the effect the court�s ruling would have on the matter.
At that juncture, the judge wondered what he could stop EOCO from doing, since what the action intended to curtail had already been carried out.
He said under the circumstance, the court did not have jurisdiction to stop the other proceedings at the court with which it had concurrent jurisdiction.
�I want you to satisfy me with anything that I should do to stop EOCO because I cannot stop it from prosecuting the applicant,� he said, and wondered how the court could stop a publication which was already in the public domain.
Even pleas by Woyome�s counsel that EOCO had been served before the report was released to the government were not strong enough to sway the judge.
Counsel for EOCO said Woyome had submitted himself voluntarily during the investigations and EOCO had finished with him.
Woyome is on trial with a Chief State Attorney, Samuel Nerquaye-Tetteh; the Director of Legal Services at the Ministry of Finance and Economic Planning, Paul Asimenu, and Nerquaye-Tetteh�s wife, Gifty Nerquaye-Tetteh, into whose account Woyome had allegedly deposited GH�400,000.
Woyome is alleged to have defrauded the state to the tune of GH�51.2 million through false claims, with the active connivance and assistance of Nerquaye-Tetteh and Asimenu.
Woyome has pleaded not guilty to three counts of conspiracy, defrauding by false pretence and corrupting a public officer, while Nerquaye-Tetteh pleaded not guilty to two counts of conspiracy and corruption of a public officer.
Both Mrs Nerquaye-Tetteh and Asimenu have pleaded not guilty to one count of abetment of crime.
Source: Stephen Sah/Daily Graphic
Disclaimer: Opinions expressed here are those of the writers and do not reflect those of Peacefmonline.com. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. Please report any inappropriate content to us, and we will evaluate it as a matter of priority. |