The three-member panel presided over by Justice William Atuguba, threw out the application for lack of merit, and described it as a red herring introduced as a further illustration of Mr. Woyome’s ‘delay tactics.’

[contextly_sidebar id=”eMVJYQuFCYhwExQVAy72ux4TKUdTvped”]Mr. Woyome’s lawyers argued that the decision to orally examine him, breached his rights to privacy, and further challenged the capacity of Justice Benin to make the order.

Mr. Woyome has filed multiple suits since the beginning of his oral examination by the Attorney General in June 2017, to stall attempts by the state to retrieve the GHc 51 million.

In November 2017, Mr. Woyome filed a suit at the Supreme Court seeking to halt all processes intended to retrieve the GHc51 million judgment debt wrongfully paid to him by the state.

He prayed the court to put on hold all processes to reclaim the money, until a determination of another related case being heard at the African Court of Human and People’s Rights (ACHPR) in Tanzania.

This was after the African Court on November 24, 2017, ordered Ghana to suspend all efforts to retrieve the money, until it determines an appeal filed by Woyome, who argued that his human rights are being abused by Ghana’s Supreme Court.

But the Supreme Court, in making a determination on a similar application filed by Woyome for stay of proceedings pending the final outcome of the case before the African Court, argued that there was no real factual and legal basis for it to share its powers and jurisdiction with any other court, and so it cannot be compelled to halt the ongoing proceedings.

Background

Mr. Woyome was paid the GHc 51 million after claiming he helped Ghana raise funds to construct stadia for the hosting of the 2008 African Cup of Nations.

However, an Auditor General’s report released in 2010, held that the amount was paid illegally to him.

Subsequently, the Supreme Court in 2014 ordered Mr. Woyome to pay back the money, after Martin Amidu, the Special Prosecutor nominee and a private legal practitioner at the time, challenged the legality of the payments.

Following delays in retrieving the money, 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.

There had been previous attempts to orally examine Mr. Woyome, with Mr. Amidu himself, in 2016, filing an application at the Supreme Court to find out how the businessman was going to pay back the money.

This came after the Attorney General’s office under the Mahama Administration, and led by the former Minister for Justice, Marietta Brew Appiah-Oppong, discontinued a similar application.

In February 2017 however, Mr. Amidu withdrew his suit seeking an oral examination, explaining that the change of government and the assurance by the new Attorney General to retrieve all judgment debts wrongfully paid to individuals, had given him renewed confidence in the system.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Woyome’s oral examination to continue – Supreme Court orders appeared first on Citi 97.3 FM - Relevant Radio. Always.

During the oral examination conducted by a Deputy Attorney General, Godfred Dame, Mr. Woyome’s lawyer, Ken Anku, asked for permission for his client to take his medication saying his client was not in good health.

[contextly_sidebar id=”vYJGtamzbrJS27A9C28cCcEmgKcr1s3e”]To add to the health concerns, during the oral examination, it also emerged that Mr. Woyome has not been able to engage in any business since 2012.

According to him, he lost all his businesses after his arrest in 2011 and the subsequent legal ordeals. He told the court he spent all his time in court to the detriment of his businesses.

When asked about the AAW Management Consulting Services, which was incorporated in 2016, Mr. Woyome told the court that the company, despite being established in 2016, is still not in business.

Mr. Woyome during the examination, however described as erroneous the decision of the Attorney General to drag him before the Supreme Court to orally examine him on the GHc 51 million paid to him as a judgment debt.

Responding to questions during the oral examination, he further told the court he felt persecuted by the state through these actions given that he had a payment plan agreed with the AG.

Ahead of the oral examination, a document sighted by Citi News indicated that a charge had been placed on the property of Mr. Woyome, as sought by the Attorney General’s office.

The companies affected by the charge included Anator Holding Company Limited, AAW Management Consulting Services, Anator Construction Company Limited, Green Township Security Services Company Limited, Woyome Brothers International Limited, Stewise Anator Company limited and Stewise Shipping Compan Limited.

The oral examination covers the possible debts Mr. Woyome owes, whether he has property to satisfy the debts, and the manner in which he used the judgment debt money paid him, among others.

This judgment debt saga traces back to 2008 where Mr. Woyome was paid GHc 51 million after claiming he helped Ghana raise funds to construct stadia for the hosting of the 2008 African Cup of Nations.

However, an Auditor General’s report released in 2010, held that the amount was paid illegally to him.

Subsequently, the Supreme Court in 2014 ordered Mr. Woyome to pay back the money, after a former Attorney General, Martin Amidu, challenged the legality of the payments.

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By: citifmonine.com/Ghana/citifmonline.com

The post ‘Sick’ Woyome takes medicine in court appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to Mr. Woyome, his Lawyer, Ken Anku, had filed for a review of the court’s ruling paving way for the oral examination, hence their request to have the oral examination which was expected to take place today [Thursday] halted.

[contextly_sidebar id=”BPDL4ZMt25uBYrJ3ear2qOt9yB1TZi00″]In his argument, Ken Anku stated that, his client will suffer an irreparable damage if the oral examination takes place before the review is heard.

Responding to the application, a Deputy Attorney General, Godfred Dame, opposed the request for a stay of proceedings, describing the reasons as improper.

The Supreme Court Judge hearing the case thus adjourned the case to July 4 to give a ruling on the matter.

Judgement debt saga

Mr. Woyome was paid GHc 51 million after claiming he helped Ghana raise funds to construct stadia for the hosting of the 2008 African Cup of Nations.

However, an Auditor General’s report released in 2010, held that the amount was paid illegally to him. Subsequently, the Supreme Court in 2014 ordered Mr. Woyome to pay back the money, after a former Attorney General, Martin Amidu, single-handedly challenged the legality of the payments.

Following delays in retrieving the money, 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.

Mr. Amidu himself, in 2016, filed an application at the Supreme Court seeking to examine Alfred Woyome, on how he was going to pay back the money, after the Attorney General’s office under the Mahama Administration, led by the former Minister for Justice, Marietta Brew Appiah-Oppong, discontinued a similar application.

In February 2017 however, Mr. Amdu withdrew his suit seeking an oral examination, explaining that the change of government and the assurance by the new Attorney General to retrieve all judgement debts wrongfully paid to individuals, had given him renewed confidence in the system.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Woyome prays court to ‘halt’ proceedings for oral examination appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Commercial Division of the High Court, presided over by Mr Justice Amadu Tanko, on February 21, 2013, gave judgement against NIB in favour of Dominion Corporate Trustees Limited of Channel Islands, UK, for the recovery of the sum of US$60 million, plus interest, with effect from January 29, 2009, to the date of final payment.

The Court of Appeal, on July 4, 2013, stayed the execution of the judgement of the Commercial Court pending the outcome of an appeal filed by the NIB.

The bank, whose debt had doubled with a daily interest of $20,000), asked the Court of Appeal to quash the Commercial Court’s decision because it was defective.

NIB lost the appeal and proceeded to the Supreme Court.

In its ruling Wednesday morning, the Supreme Court said Dominion Trustees had no capacity to have initiated the action and that the writ Dominion Trustees filed at the High Court did not indicate they were the real investors, reports Graphic Online’s court reporter, Emmanuel Ebo Hawkson.

Consequently, the Supreme Court ordered a cost of Ghc500,000 against Dominion Trustees which was represented by Mr Kwame Pianim, as its investment consultant.

Mr Tsatsu Tsikata represented the NIB as the bank’s counsel.

Background

The suit was commenced against the NIB by Standard Bank Offshore Trust Company, which was later substituted by Dominion Corporate Trustees Limited, on behalf of investors who had purchased promissory notes issued by Eland Ghana Limited and guaranteed by NIB.

Under the terms of the transaction, the investors had to pay a discounted total sum of US$45 million in May 2007, and upon maturity of the promissory notes on January 29, 2009, reap US$60 million, thus earning US$15 million in profit.

During the trial, Mabel Aku Baneseh reported that, the NIB led evidence to show that its Managing Director at the time, Mr Daniel Charles Gyimah, signed the guarantee without any authorisation from the board.

The bank also led evidence to show that the US$45 million was not utilised for the advertised purpose but was rather distributed by Mr Gyimah to Eland Ghana Limited and companies connected to it.

Other beneficiaries were Iroko Securities Limited, London, as well as private individuals, including Mr Gyimah’s son, Stephen.

The largest beneficiary was Sphynx Limited, USA, which was given US$24 million. It also emerged that Sphynx Limited was a fully owned subsidiary of Iroko Securities Limited.

In the counterclaim, the bank joined Mr Gyimah, who according to the NIB did not have the mandate to authorise the promissory note. Also joined to the counterclaim was Eland International Ghana Limited.

But the court, in its February 21, 2013 judgement, held a contrary view and declared NIB liable and ordered it to pay the $60 million, with 11 percent interest, with effect from January 2009 until the day of final payment.

–

Source: Graphic.com.gh

The post Supreme Court quashes judgement against NIB appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to him, the claims were fabricated by some persons in the National Democratic Congress (NDC) government to smear him and the New Patriotic Party (NPP).

OB Amoah was a deputy minister at the Ministry of Youth and Sports when the government entered into an agreement with Waterville Holdings Limited in 2005, for the company to source for funds for the construction of stadia for the CAN 2008.

The Kufuor government later abrogated the contract with Waterville, and that led to a legal battle between Woyome and the state.

Woyome succeeded in receiving over GH¢51 million as compensation for his role, but it turned out later to be a wrongfully paid amount.

While a legal processes was ongoing to retrieve the money from Woyome, there were reports that O.B Amoah had received some GH¢75,000 of the judgment debt from Mr. Woyome.

But addressing the issue before Parliament’s Appointments Committee during his veting, OB Amoah said, “Mr. Chairman, never. GH¢75,00? I’ve never seen that amount in my life. I think it was an attempt to indict the NPP administration as far as the stadium construction was concerned. But thankfully, because some of us have been in that ministry, we were able to set the record straight.”

“If you look at the Supreme Court judgment, or even the Justice Appau commission report, nowhere was OB Amoah or the NPP indicted in that matter,” he said.

“If indeed we wanted to make these payments and make probably something out of it, then we should have paid itbut we resisted fiercely that we were not entitled to pay a cedi outside what we had agreed to pay”, he added.

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By: Jonas Nyabor/citifmonline.com/Ghana
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The post I never took GH¢75,000 of Woyome’s cash – OB Amoah appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to him, the previous government did everything possible to let off the hook the onetime NDC financier, and thus protected him while in government.

[contextly_sidebar id=”uTHCs47uvgjCcs4KQiJgJBFaXUOFE7n3″]”As someone who followed this very closely, the NDC did everything that was possible to let Mr. Woyome off the hook. They protected him in every way possible.”

He expressed regret the government had allowed Mr. Woyome to determine his own payment plan, adding that the current government must be more serious in retrieving the money.

Speaking on Eyewitness News on Thursday [February 22, 2017], Kofi Bentil said, “I expect the current government to be more serious in trying to retrieve the money from Mr. Woyome. I expect the current government not to allow Mr. Woyome walk around as free as he is. I’m not saying anyone should assault him; but he should be put under considerable pressure so that he finds it necessary to pay our money than to keep telling us when he will pay and how much he will pay and keep running around as if he has an option not to pay us.”

“He has a certain attitude and I think that comes from his assurance that the previous government was going to support him. I think the attitude of this government should be such that Mr. Woyome feels that he owes something to Ghanaians and he is prepared to pay otherwise he can expect that he will not have a comfortable stay in this country.”

He added that,  his call for the new government to pursue Mr. Woyome for the money is not to encourage that it breaks the law in retrieving the money, but that it must demonstrate determination and seriousness in pursuing the necessary legal procedures to retrieve it.

I hope gov’t will pursue Woyome cash – Mahama

The matter has come up again for discussion following President John Mahama’s claim that his government had done enough in retrieving the money; and that he expects the new NPP government to continue from where they left off.

President Mahama said this on Thursday when he granted an interview to Power FM, a South African-based radio station. Meanwhile, a private legal practitioner, and a member of the NDC, has challenged criticisms that the party was not committed to retrieving the money.

According to him, the NDC followed the due process in attempts to retrieve the money, and that achieved some positive results as Mr. Woyome had paid some GHs4.5 million from the total sum.

‘How did Woyome owe the state?’

Alfred Agbesi Woyome was paid GH¢ 51 million in a judgment debt after claiming he helped Ghana raise funds to construct stadia to host the 2008 African Cup of Nations; but the government canceled the contract, forcing him to secure a judgement in his favour.

But the Supreme Court in 2014, ordered Mr. Woyome to pay back the money, after Mr. Martin Amidu, a private individual and a former Attorney General, challenged the legality of the payment.

However, several years on, the state is yet to retrieve the money.

It was announced in 2016 that Mr Woyome had agreed to pay the money in tranches, forcing the then Attorney General, Marietta Brew Appiah-Oppong to discontinue an application that sought to orally examine him in court.

–

By: Jonas Nyabor/citifmonline.com/Ghana
Follow @jnyabor

The post NDC did ‘everything possible’ to protect Woyome – Kofi Bentil appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to Mr. Amidu, his decision to withdraw the suit, was due to the change of government and the assurance by the new Attorney General to retrieve all judgement debts wrongfully paid to individuals.

[contextly_sidebar id=”veOKJizuCgtCa5rYLcFfgr5AZQ6c843F”]Mr. Amidu filed an application at the Supreme Court seeking to examine Alfred Woyome, on how he was going to pay back the money, after the Attorney General’s office, led by the former Minister for Justice, Marietta Brew Appiah-Oppong, discontinued a similar application.

Mr. Amidu’s application was granted, but later stayed, due to an application for a review of the decision of the court, and another suit by a private legal practitioner challenging the locus of the sole judge who ruled on the matter.

Alfred Woyome was paid GHc 51 million after claiming he helped Ghana raise funds to construct stadia for the hosting of the 2008 African Cup of Nations Cup.

Subsequently, the Supreme Court in 2014 ordered Mr. Woyome to pay back the money, after Mr. Martin Amidu challenged the legality of the payments.

Ahead of the elections, Mr.Amidu, had appealed to Ghanaians to vote against the Mahama-led administration to remove the purported state shield preventing Mr. Woyome from refunding the GHc 51 million judgement debt.

Following the New Patriotic Party’s (NPP) election victory, he has reminded the NPP government of its responsibility in ensuring that it retrieves the money with interest.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Amidu withdraws suit to examine Woyome appeared first on Citi 97.3 FM - Relevant Radio. Always.

Speaking during her vetting at Parliament House on Saturday, Gloria Akuffo however noted that, she will expedite work on recovering such monies.

“Mr. Chairman, as I understand it, judgement has been entered for the refund of the money. Efforts to recover the money have been inundated with many applications. My understanding is that, the execution process has been stalled with all these processes. I will go to office and look at it. That is why I said that I cannot make categorical undertakings that if you give me approval tomorrow I can retrieve the money because this is a matter which is subject to litigation. I can only say that when I get there, I will study the file and see how quickly we can recover the money.”

She further stated that, she will review all cases including the one involving businessman, Alfred Agbesi Woyome, when she is approved, saying “I will review everything that is on my table.”

Mr. Woyome, who has been asked by the court to refund an amount of Ghc51 million unlawfully paid him, is yet to repay in full.

Speaking on the controversial case, Miss Akuffo said : “I will put my best foot forward and when I get to the office I will look at what’s best for the office.”

I’ll deal with judgment debt cases – Gloria Akuffo

Gloria Akufo made a similar promise to deal with judgement debt cases hours after she was nominated by President Nana Addo for the position.

Speaking to Citi News  earlier after her nomination, Gloria Akuffo promised to deal expeditiously with judgment debt cases when she is finally approved by Parliament.

“Government owns debt all over the country…Where we know that there is debt which we cannot contest…we will immediately try to engage and find the money even if we have to reach terms. Sometimes these are left on the books, they are contested in court, sometimes they are not contested, judgment is entered [and] interest is running. I would want to have the complete list.”

“Sometimes we are flying the big cases such as Woyome, but it may turn out, I don’t know for certain, that there may be others that are also on the book, I would want to have the list of those, see which ones are contestable and which ones are not to the view of immediately resolving those ones that we cannot contest, and make recommendations for payments, and for those that we have a defense that we need to contest successfully to do so. But it’s important that we get to know the full list of what is on the books by way of judgment debt,” she added.

About Gloria Akuffo

Gloria Afua Akuffo is 62 years old. She attended the University of Ghana and obtained a joint degree in Law and Political Science in 1979.

She qualified as a lawyer from the Ghana School of Law in 1982 and she has been on the roll of lawyers of the Ghana Bar for 34 years. She started her private practice from Ameyi Chambers, a firm of lawyers, in Accra and was a founding partner of Owusu-Yeboa, Akuffo & Associates.

Presently she practices from Blay & Associates. She is an Arbitrator at the Ghana Arbitration Centre and is also on the list of arbitrators of the National Labour Commission.

From 2001 to 2004, she served as the first female Deputy Attorney-General of Ghana, the first 2 years of which were under the Attorney General of the time, Nana Akufo-Addo.

She was appointed the first female Deputy Greater-Accra Regional Minister in 2005.

In 2006, she set up a Ministry of Aviation, having been appointed the first Minister for the sector. She is a Private Legal Practitioner and an Arbitrator.

She has two children.
–
By: Marian Ansah/citifmonline.com/Ghana
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The Director of Communications of the NPP, Nana Akomea, at a press conference in Accra on Monday said Mr Woyome financed many projects of the NDC and paid some sums to some individuals within the party.

[contextly_sidebar id=”VQ0P9LM70KUY4VDrlP1UF1KwgllfAhpe”]He mentioned the party’s General Secretary, Johnson Asiedu Nketiah and Deputy General Secretary, Koku Anyidoho as beneficiaries of the booty.

A former Attorney General Martin Amidu had earlier threatened to expose the names of some beneficiaries if given the opportunity to orally examine the businessman.

But Nana Akomea said, “GH¢60,000 payment was made to Mr Jewel Ackah on 16^th of June 2011. They include a GH¢20,000 payment to General Mosquito on 2^nd September 2011 and GH¢8,000 payment to one Suhuni of Radio Gold.”

He also mentioned the editor of the Insight Newspaper, Mr Kwesi Pratt Jnr as also receiving GH¢2,000 from the money.

According to Mr Akomea, Woyome, from the amount, funding the refurbishment of the NDC office and procurement of motorbikes for a constituency branch of the NDC in the Volta Region.

Other beneficiaries according to the NPP are;

The key beneficiaries, according to him include;

(a)A GHC1 million payment was made to the NDC party on 15 February 2011

(b)GHC75,000 was given to Professor Awunor on 28 June 2011

(c)GHC60,000 was given to Jewel Ackah on 16 June 2011

(d)GHC20,000 was given to NDC General Secretary, Johnson Asiedu Nketia popularly known as General Mosquito on 2 September 2011

(e)GHC60,000 was given to former head of Agricultural Development Bank (ADB), Steve Kpordzih in 2011

(f)GHC8,000 was given to one Suhyini of Radio Gold in 2011

(g)GHC2,000 was given to Managing Editor of Insight Newspaper, Kwesi Pratt in 2011

(h)GHC15,000 was given to the NDC branch in Hohoe in 2011

(i)GHC42,000 was given to the NDC for the purchase of 30 motorbikes

(j)GHC100,000 was given to NDC Koku Anyidoho who is now a Deputy General Secretary,

(k)GHC30,000 was given to the NDC for the renovation of its party office on 29 March 2011

(l)GHC13,000 was again given to NDC Deputy General Secretary, Koku Anyidoho on 1 May 2011

(m)GHC30,000 was given to NDC Greater Accra Regional Chairman, Ade Coker on 8 February 2011

‘Publish names of beneficiaries of 51.2m cash’

Embattled businessman, Alfred Woyome earlier last month dared his accusers to publish the list of persons who have allegedly benefited from the GHs51.2 million wrongfully paid him by the state.

Addressing a press conference in Accra, Mr Woyome questioned a supposed list that was making rounds on social media as being those of persons who benefited from the money, saying, “I will continue to fight till the last drop of my blood.”

The Supreme Court granted former Attorney General Martin Amidu’s request to orally examine the businessman in what many believed will eventually lead to the exposure of those who benefited from money.

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By: Jonas Nyabor/citifmonline.com/Ghana
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[contextly_sidebar id=”fKFME56xYIpENLuCXhoF8jNtqwdtCC43″]An Accra High Court granted NDK Financial services a garnishee order following a certificate of judgement obtained on 23^rd August 2016.

The order directed that certain accounts of government be frozen while the Bank of Ghana appears in court to explain why monies in the affected accounts should not be used to pay the judgment debt to NDK.

Information available to citibusinessnews.com indicates that government in 2005 awarded a contract to a businessman for the execution of rural electrification project across the country.

Upon securing funding from NDK, an agreement was reached that all payments by government be made into the joint account by NDK and the businessman in question.

But NDK says it subsequently realized government has reneged on its side of the bargain as some payments had been made but not in the name of the joint account operated by NDK and the businessman in question.

NDK therefore pursued the case at the High and Appeals Courts between 2009 and 2013 where it secured victory in both cases.

Though the Attorney General subsequently went to the Supreme Court for a review in 2015, it lost the case.

The Court of Appeal yesterday [November 22, 2016] also struck out a notice for stay of execution of the Supreme Court judgment and certificate judgment filed by Attorney General after the lawyers for the Republic of Ghana failed to make an appearance.

Meanwhile early this year, the Supreme Court unanimously upheld an application by NDK which indicated that the nature of interest payable was compound at 6.5 percent and should be calculated from the date of contract to the date of final payment.

The completion of the garnishee proceedings by the court will among others enable NDK access to funds in the frozen accounts.

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By: Pius Amihere Eduku/citibusinessnews.com/Ghana

The post BoG to appear in court over NDK judgment debt case against Govt appeared first on Citi 97.3 FM - Relevant Radio. Always.