Mr. Martin Hamidu, Attorney-General
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27th December, 2011
A-G Challenges Woyome’s Gh¢52m Consent Judgement
The Attorney-General has challenged the GH¢ 52 million consent judgment obtained by the National Democratic Congress stalwart, Alfred Woyome, in June, last year on the basis that it was “procured by mistake”.
According to the A-G, the previous administration per a letter dated May, 5, 2005 signed by Agyemang Manu, a former Deputy Finance Minister, had stated that the government was not liable for any transaction entered into by Mr. Woyome and that his role in the transaction did not create any legal relations with the government.
Consequently, in an amended statement of claim issued at the Accra Commercial Court on August 18, 2010, the A-G sought an order to set aside the said consent judgement between it and Mr. Woyome.
It further prayed the court for a declaration that the terms of settlement filed at the court’s registry on June 4, 2010 that required the state to pay Mr. Woyome GH ¢51,283,480.59 in three tranches of GH¢ 17,094,495.53 was procured by mistake.
Meanwhile, when the case came up in court on Thursday a State Attorney, Jasmine Armah, informed the court that negotiations were still ongoing but did not give specifics as to which aspect of the case they were negotiating.
The State Attorney had sought to seek an adjournment because Mr. Martin Amidu, the A-G, was out of the country to which she instructed to be in the court for a date.
But the court presided over by Mrs. Barbara Ackah-Ayensu, insisted to know what the State Attorney wanted the date for before she could grant the adjournment to this she replied: “we are still in discussion”.
Lawyer for Mr. Woyome, Robertson Kpatsah, who was in court, did not oppose the A-G’s request. The court then adjourned the case to January 16.
Court processes filed by the A-G which were procured from the Court Registry, said the government initiated a procurement process for the award of contract to rehabilitate the stadia and other sporting facilities for the CAN 2008 but cancelled the procurement process before it was completed.
According to the document signed by a Senior State Attorney, Cecil Adadevoh, the stadia were rehabilitated by Micheletti and Consar.
It said in 2009, Mr. Woyome who claimed to have been involved in the financial engineering process before the cancellation of the procurement process in 2005, made a claim against the state for the payment of two per cent of the total contract amount of 1,106,470,587 Euros.
“According to Mr. Woyome, this was the total amount that he had arranged to bring into the country as a result of the financial engineering process he undertook for Vamed and Waterville, whose bid were adjudged to be the best before the cancellation of the procurement process,” it said.
In view of the claim, the A-G said it sought advice from the Ministries of Finance, Youth and Sports and the Local Organisaing Committee for CAN 2008 tournament.
“The advice from these institutions and organisations suggest that the Mr. Woyome was entitled to his claim of two per cent of the total amount,” it said, and added that it accordingly met with Mr. Woyome a number of times with the view to resolving the matter amicably.
The A-G said Mr. Woyome on April 19, 2010 made a claim against the state for the payment of two per cent of the amount, consequent to which the court entered a final judgement in the sum of GH¢ 51,283,480.59 on May 24, 2010 together with interest and cost for Mr. Woyome.
It said subsequent to the judgement, it agreed with Mr. Woyome “to compromise the said judgement,” which gave rise to the filing of terms of settlement in the registry of the court on June 4, 2010.
The A-G claimed that after the terms were filed, it got new information that the settlement terms were procured by mistake.
Meanwhile, Mr. Woyome in his amended statement of defence and counterclaim denied the allegations by the A-G that he procured the said judgement by mistake.
He thus counter claimed an order for payment of the sum of GH¢ 51,283,480.59 at the prevailing commercial bank rate from July 1, 2010 up to an inclusive date of final payment, among other claims.
According to the A-G, the previous administration per a letter dated May, 5, 2005 signed by Agyemang Manu, a former Deputy Finance Minister, had stated that the government was not liable for any transaction entered into by Mr. Woyome and that his role in the transaction did not create any legal relations with the government.
Consequently, in an amended statement of claim issued at the Accra Commercial Court on August 18, 2010, the A-G sought an order to set aside the said consent judgement between it and Mr. Woyome.
It further prayed the court for a declaration that the terms of settlement filed at the court’s registry on June 4, 2010 that required the state to pay Mr. Woyome GH ¢51,283,480.59 in three tranches of GH¢ 17,094,495.53 was procured by mistake.
Meanwhile, when the case came up in court on Thursday a State Attorney, Jasmine Armah, informed the court that negotiations were still ongoing but did not give specifics as to which aspect of the case they were negotiating.
The State Attorney had sought to seek an adjournment because Mr. Martin Amidu, the A-G, was out of the country to which she instructed to be in the court for a date.
But the court presided over by Mrs. Barbara Ackah-Ayensu, insisted to know what the State Attorney wanted the date for before she could grant the adjournment to this she replied: “we are still in discussion”.
Lawyer for Mr. Woyome, Robertson Kpatsah, who was in court, did not oppose the A-G’s request. The court then adjourned the case to January 16.
Court processes filed by the A-G which were procured from the Court Registry, said the government initiated a procurement process for the award of contract to rehabilitate the stadia and other sporting facilities for the CAN 2008 but cancelled the procurement process before it was completed.
According to the document signed by a Senior State Attorney, Cecil Adadevoh, the stadia were rehabilitated by Micheletti and Consar.
It said in 2009, Mr. Woyome who claimed to have been involved in the financial engineering process before the cancellation of the procurement process in 2005, made a claim against the state for the payment of two per cent of the total contract amount of 1,106,470,587 Euros.
“According to Mr. Woyome, this was the total amount that he had arranged to bring into the country as a result of the financial engineering process he undertook for Vamed and Waterville, whose bid were adjudged to be the best before the cancellation of the procurement process,” it said.
In view of the claim, the A-G said it sought advice from the Ministries of Finance, Youth and Sports and the Local Organisaing Committee for CAN 2008 tournament.
“The advice from these institutions and organisations suggest that the Mr. Woyome was entitled to his claim of two per cent of the total amount,” it said, and added that it accordingly met with Mr. Woyome a number of times with the view to resolving the matter amicably.
The A-G said Mr. Woyome on April 19, 2010 made a claim against the state for the payment of two per cent of the amount, consequent to which the court entered a final judgement in the sum of GH¢ 51,283,480.59 on May 24, 2010 together with interest and cost for Mr. Woyome.
It said subsequent to the judgement, it agreed with Mr. Woyome “to compromise the said judgement,” which gave rise to the filing of terms of settlement in the registry of the court on June 4, 2010.
The A-G claimed that after the terms were filed, it got new information that the settlement terms were procured by mistake.
Meanwhile, Mr. Woyome in his amended statement of defence and counterclaim denied the allegations by the A-G that he procured the said judgement by mistake.
He thus counter claimed an order for payment of the sum of GH¢ 51,283,480.59 at the prevailing commercial bank rate from July 1, 2010 up to an inclusive date of final payment, among other claims.
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