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14th February, 2012
COURT GRANTS BAIL TO WOYOME, OTHERS
An Accra Fast Track High Court yesterday dismissed the motion by Alfred Agbesi Woyome that sought to pin down the Economic and Organised Crime Organization (EOCO) from investigating the payment of GH¢51.2 million judgement debt to him.
According to the court, it is common knowledge that the EOCO has completed its investigations into the matter – the result of which is Mr. Woyome’s prosecution in a criminal case before another High Court – therefore, “there is nothing left for the court to restrain”.
Justice K.A. Ofori-Atta, who presided over the case, wondered exactly what the plaintiff wanted the court to stop, in view of the development that arose after the application was filed, noting that “the law does not work in vain.”
He stated that investigations into the matter had been completed and a report submitted to the presidency, adding that “I have nothing to stop…the matter is already in the public domain, we don’t make orders in vain”.
Justice Ofori-Atta said what Mr. Woyome had sought to prevent had already been done and asked: “what further action should I stop them (EOCO) from pursuing”, and pointed out that he cannot stop the EOCO from prosecuting Mr. Woyome.
Consequently, the court dismissed the motion for interlocutory injunction against the EOCO without cost. The substantive action is therefore to take its normal cause.
In his motion, Mr. Woyome was praying the court for an interlocutory injunction to restrain the EOCO and its agents, workmen, and any group of persons or person carrying out investigations relating to the payment of the GH¢51.2 million judgement debt to him.
The motion was moved yesterday by Ms. Dora Nortey, counsel for Mr. Woyome but she could not convince the court on the exact thing they want the court to restrain the EOCO from investigating.
Moving it, she said the court should stop the EOCO from investigating the matter and also from publishing any report on the matter since the AG is already in court to set aside the said judgement debt.
According to her, the rationale behind the EOCO’s investigations is grounded by the claim that Mr. Woyome procured the judgement debt through fraud, which she said is being pursued by the AG at the Commercial Court.
“The action against our client will prejudice the action before the Commercial Court,” she argued, and pointed out that the report which was submitted to the president was an interim one, suggesting that the EOCO had not completed the investigations.
Quoting Article 125 (3) of the constitution, she said Mr. Woyome had acquired a judicial right that ought to be protected, noting that he acquired the right under a consent judgement which was adopted by a court of competent jurisdiction.
Further, Ms. Nortey said before the EOCO presented its interim report; they had been served with their writ and the injunction processes.
Asked by the court whether under the EOCO Act, the EOCO cannot take civil and criminal action at the same time where a wrong has occurred, she answered in the affirmative.
Dr. Philip Anderson, counsel for EOCO, on his part submitted that Mr. Woyome submitted himself voluntarily to the EOCO and that they had completed investigations into the matter.
In the substantive case, Mr. Woyome is seeking a declaration that the EOCO has no jurisdiction to investigate the payment of the GHS 51.2 judgement debt, as well as a declaration that the President’s directive to the EOCO to investigate the matter is null and void in that it contravenes Article 125 of the constitution.
It is his contention that once a court of competent jurisdiction has determined a matter, such as his case, on its merit; no other organization can open up the case again except a superior court.
President John Evans Atta Mills last year directed the EOCO to investigate the circumstances surrounding the payment of the amount to Vamed/Waterville Engineering and Mr. Alfred Woyome as judgement debt.
A statement issued by Head of Communication at the Presidency, Koku Anyidoho, stated that the EOCO was also to find out the total amount of monies paid out as judgment debts since the present administration took over the reins of government on January 7, 2009 and who the beneficiaries are.
The judgment debt was reached after Mr. Woyome had gone to court to seek redress for alleged illegal abrogation of his contract on renovations he did on some stadia towards Ghana’s hosting of the 2008 African Cup of Nations.
Meanwhile, the EOCO has since Ferbraury 2 presented its interim report on the investigations to President Mills. The report implicated a number of government officials particularly the former Attorney General, Betty Mould-Iddrisu, Samuel Nerquaye-Tetteh, a Chief State Attorney and Paul Asimenu, a Legal Director at the Ministry of Finance.
The findings in the report consequently led to the arrest of Mr. Woyome, Mr. Nerquaye-Tetteh, and his wife, Mrs. Gifty Nerquaye-Tetteh, and Mr. Asimenu.
According to the court, it is common knowledge that the EOCO has completed its investigations into the matter – the result of which is Mr. Woyome’s prosecution in a criminal case before another High Court – therefore, “there is nothing left for the court to restrain”.
Justice K.A. Ofori-Atta, who presided over the case, wondered exactly what the plaintiff wanted the court to stop, in view of the development that arose after the application was filed, noting that “the law does not work in vain.”
He stated that investigations into the matter had been completed and a report submitted to the presidency, adding that “I have nothing to stop…the matter is already in the public domain, we don’t make orders in vain”.
Justice Ofori-Atta said what Mr. Woyome had sought to prevent had already been done and asked: “what further action should I stop them (EOCO) from pursuing”, and pointed out that he cannot stop the EOCO from prosecuting Mr. Woyome.
Consequently, the court dismissed the motion for interlocutory injunction against the EOCO without cost. The substantive action is therefore to take its normal cause.
In his motion, Mr. Woyome was praying the court for an interlocutory injunction to restrain the EOCO and its agents, workmen, and any group of persons or person carrying out investigations relating to the payment of the GH¢51.2 million judgement debt to him.
The motion was moved yesterday by Ms. Dora Nortey, counsel for Mr. Woyome but she could not convince the court on the exact thing they want the court to restrain the EOCO from investigating.
Moving it, she said the court should stop the EOCO from investigating the matter and also from publishing any report on the matter since the AG is already in court to set aside the said judgement debt.
According to her, the rationale behind the EOCO’s investigations is grounded by the claim that Mr. Woyome procured the judgement debt through fraud, which she said is being pursued by the AG at the Commercial Court.
“The action against our client will prejudice the action before the Commercial Court,” she argued, and pointed out that the report which was submitted to the president was an interim one, suggesting that the EOCO had not completed the investigations.
Quoting Article 125 (3) of the constitution, she said Mr. Woyome had acquired a judicial right that ought to be protected, noting that he acquired the right under a consent judgement which was adopted by a court of competent jurisdiction.
Further, Ms. Nortey said before the EOCO presented its interim report; they had been served with their writ and the injunction processes.
Asked by the court whether under the EOCO Act, the EOCO cannot take civil and criminal action at the same time where a wrong has occurred, she answered in the affirmative.
Dr. Philip Anderson, counsel for EOCO, on his part submitted that Mr. Woyome submitted himself voluntarily to the EOCO and that they had completed investigations into the matter.
In the substantive case, Mr. Woyome is seeking a declaration that the EOCO has no jurisdiction to investigate the payment of the GHS 51.2 judgement debt, as well as a declaration that the President’s directive to the EOCO to investigate the matter is null and void in that it contravenes Article 125 of the constitution.
It is his contention that once a court of competent jurisdiction has determined a matter, such as his case, on its merit; no other organization can open up the case again except a superior court.
President John Evans Atta Mills last year directed the EOCO to investigate the circumstances surrounding the payment of the amount to Vamed/Waterville Engineering and Mr. Alfred Woyome as judgement debt.
A statement issued by Head of Communication at the Presidency, Koku Anyidoho, stated that the EOCO was also to find out the total amount of monies paid out as judgment debts since the present administration took over the reins of government on January 7, 2009 and who the beneficiaries are.
The judgment debt was reached after Mr. Woyome had gone to court to seek redress for alleged illegal abrogation of his contract on renovations he did on some stadia towards Ghana’s hosting of the 2008 African Cup of Nations.
Meanwhile, the EOCO has since Ferbraury 2 presented its interim report on the investigations to President Mills. The report implicated a number of government officials particularly the former Attorney General, Betty Mould-Iddrisu, Samuel Nerquaye-Tetteh, a Chief State Attorney and Paul Asimenu, a Legal Director at the Ministry of Finance.
The findings in the report consequently led to the arrest of Mr. Woyome, Mr. Nerquaye-Tetteh, and his wife, Mrs. Gifty Nerquaye-Tetteh, and Mr. Asimenu.
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