Former Attorney General (AG) and Minister for Justice, Martin Amidu, has withdrawn his application seeking to orally examine businessman Alfred Agbesi Woyome, over the GH¢51.2 million judgement debt paid to him by the state.
According to Mr. Amidu, he had initiated the action at the time he thought the then (NDC) government and the former AG had not expressed any intention to retrieve the money.
Grounds
He stated that the matter before the court had been overtaken by events and that a new AG had been appointed with a new government in place.
Mr. Amidu, popularly referred to as Citizen Vigilante for his crusade against corruption, further indicated that in view of current developments, it would not be necessary for the case to continue.
He told the court, presided over by sole judge, Justice Kwasi Anin-Yeboah, that the current AG had also said that she would retrieve all judgement debts, including that of Woyome.
Citizen Vigilante was optimistic the new AG would fulfill her promise.
Ken Anku, lawyer for Woyome, responding to the withdrawal, said he did not have any objection to the application and that he did not hear the AG saying that she would retrieve all judgment debts but rather review the issue.
On that, Justice Anin-Yeboah cautioned the lawyer not to go “there,” adding that he (Anku) did not have to make such comments.
Dorothy Afriyie Ansah, a chief state attorney representing the AG, said she also did not have any injection to the withdrawal of the case.
Justice Anin-Yeboah, therefore, struck out the application.
It is unclear the effect the withdrawal of the case would have on the pending suit filed by private legal practitioner David Kwadzo Ametefe, challenging the oral grilling of Woyome.
Ruling
Last year, the Supreme Court, presided over by Justice Anin-Yeboah, ruled that Woyome, the National Democratic Congress (NDC) financier, must today appear before it and be examined on oath by Mr. Amidu – a ruling that riled Woyome.
In the view of the sole Supreme Court justice, the applicant (Martin Amidu) has the right to pursue the businessman over the “colossal” amount of money because he (Amidu) personally came to court to get a judgment to have Woyome pay back the money.
Justice Anin-Yeboah, granting the application by Mr. Amidu, stated that no serious efforts had been made by former Attorney General Marietta Brew Appiah-Opong, two years after the court had ordered her to retrieve the cash.
The court held that per the AG’s motion filed to discontinue the case, there was no evidence of any execution before the court by the AG currently.
Justice Anin-Yeboah said the application succeeded because Mr. Amidu was not chasing the money as a direct beneficiary of the amount but for the state.
Background
Subsequent to that was a fresh application filed by David Kwadzo Ametefe seeking a declaration that upon a true and proper interpretation of Articles 2 (1), 128, 130 and 134 of the 1992 Constitution, a single justice of the Supreme Court has no jurisdiction to determine matters involving the interpretation of the Constitution.
Woyome’s lawyer was also seeking a declaration that the ruling by Justice Anin-Yeboah sitting as a single judge of the Supreme Court delivered on 16 November, 2016 in the case granting the opportunity to Mr. Amidu to execute the judgement in the case (Martin Alamisi Amidu vrs. the Attorney General & 2 others) in suit number J7/10/2013, is inconsistent with the provision of the said articles of the constitution.
Ametefe, among other reliefs, wanted an order from the court setting aside the order of the judge granting the opportunity to Mr. Amidu to orally examine Woyome.
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