The Supreme Court has adjourned the hearing of an application filed by businessman Alfred Agbesi Woyome who is seeking to put on hold the court’s ruling for anti-corruption campaigner, Martin Amidu to orally examine him [Woyome].
December 1, 2016 is the new date for the hearing of the case.
The adjournment according to the judge was because the application was served on the Attorney General and Martin Amidu late.
Amidu’s examination of Woyome in limbo
Lawyers of Woyome filed two applications at the Supreme Court praying the court to review the ruling which granted Martin Amidu the permission to orally examine their client a week ago.
The second application, on the other hand is a request for a stay of proceedings to enable the court determine the motion for review.
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal processes in a trial or other legal proceedings.
Background
Mr. Woyome was earlier ordered by the Supreme Court to appear in court for an oral examination over the controversial judgement debt saga. The order followed an application filed by Mr. Amidu, praying the Supreme Court to allow him to orally examine Woyome, after the Attorney General (AG) discontinued the process to examine him.
Justice Anin Yeboah, who gave the ruling argued that the applicant had the right to do that because he personally came to court to get a judgment to have Mr. Woyome pay back the GHc51 million cash he recieved as judgment debt. The judge also indicated that, the application was granted because there was no evidence of execution before the court by the AG presently. Mr. Amidu’s action followed a move by the Attorney General’s (AG) office, led by the Minister for Justice, Marietta Brew Appiah-Oppong, to discontinue an oral examination of Mr. Woyome, despite serving an earlier notice to do same. The notice of discontinuance stated that “please take notice that the 1st Defendant Judgment Creditor [Attorney General] herein has this day [26th Day of October 2016] discontinued the present application to orally examine the 3rd Defendant Judgment Debtor [Alfred Agesi Woyome] with liberty to reapply.”
This forced Mr. Amidu to file the application in court, in which he even alleged that President Mahama had ordered a discontinuation of the case because Mr. Woyome had threatened to expose officials of government and the NDC who benefited from the amount.
The AG’s office arguing against Mr. Amidu’s application in court, questioned his right to examine Mr. Woyome over the matter.
The ¢51 million judgement debt Alfred Woyome was paid ¢51 million after he claimed that he helped Ghana to raise funds to construct stadia for purposes of hosting the CAN 2008 Nations Cup. However an Auditor General’s report released in 2010, said the amount was paid illegally to the National Democratic Congress (NDC) financier.
The Supreme Court in 2014 ordered Mr. Woyome to pay back the amount, after Mr. Martin Amidu challenged the legality of the judgment debt paid the businessman, Waterville, and Isofoton Following delays in retrieving the money, the Supreme Court judges unanimously granted the Attorney-General clearance to execute the court’s judgment ordering Mr. Woyome to refund the cash to the state.
Woyome prevents officials from valuing residence
But Mr. Woyome in April 2016, prevented officials of the Attorney General’s Department and the Lands Commission from having access to his Kpehe residence for valuation.
The move was part of a directive from the Supreme Court to retrieve monies illegally paid to him. Mr Woyome however resisted the move, saying the planned valuation was illegal.
Mr. Woyome had earlier won the criminal prosecution that sought to imprison him for the offence.
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