It couldn’t be better to have businessman Alfred Agbesi Woyome come face to face probably with his fiercest critic in Ghana, former Attorney General Martin Amidu. What’s uncertain though is whether Mr. Amidu will be able to get the most out of the troubled NDC-financier (in terms of the truth) on Thursday November 24.
Yes, ‘Jack’ (Mr. Woyome) goes back into the Box to be cross-examined by the man nicknamed ‘Citizen Villante’ (Mr. Amidu) as observers predict it could be feisty and intriguing. But some legal experts have varied viewpoints regarding the much anticipated cross-examination.
According to them the court is expected to exercise reasonable control over the mode and order of examining the business man and at the same time ensure that he presents evidence so as to make those procedures effective for determining the truth.
Already, lawyer for the beleaguered businessman Mr. Chris Akumey had advised his client (Mr. Woyome) not to be evasive during the oral examination. It appears he’s inkling as to the wrath or storm to come.
“I will pray that Woyome should be forthright in giving answers to which Martin will be putting up to him. He must be very honest to the court. He must not hide any information so that those listening can determine if he has been truthful person in the box,” he said.
Also I pray there should be cooperation between both, because it affects Ghana and it is Ghana which is at stake,” the private legal practitioner made the statement on Saturday on a local radio in Accra.
As much as possible the court will ensure that the parties avoid wasting time. It is the responsibility of the court to protect witness from harassment or undue embarrassment.
A legal analyst based in Alberta Canada Mr. Lawrence Ainoo says usually cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow enquiry into additional matters as if on direct examination.
In addition to that, lead questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions—cross examinations and when a party calls a hostile witness, an adverse party or a witness identified with an adverse party.
So, who told you that the Judiciary can’t crack the whip?
I can assure you, the Judiciary isn’t a toothless bulldog. It can bark and bite. Indeed, public confidence in the court tanked after undercover journalist Anas Aremeyaw exposed dozens of judges who were purportedly involved in a bribery scandal.
However, it didn’t take long for the court to put her house in order —putting back on her enviable and dignified garment. In a matter of three weeks or less than that the apex court has made what I describe as two major rulings. It ordered the Electoral Commission (EC) to give all disqualified presidential candidates for the 2016 general elections a second chance to fix errors on their nomination forms, and just last week it granted former Mr. Amidu’s request to cross examine businessman Mr. Woyome.
Even though the embattled businessman has said he disagrees with the court’s judgement on Wednesday November16. He thinks the Supreme Court is pursuing him, because the former had rejected his mode of payment of the GHc 51.2million.
According to him he wanted to pay GHc 4 million and spread the rest over a period of time, but his appeal was rejected. The Supreme Court further ordered the Attorney General to valuate his properties. But he thinks the move was to ‘disgrace me,” he said.
“I proposed to pay GHc4 million and pay the rest in the following months…but the Supreme Court denied and threw it out.”
At a press briefing in Accra Mr. Woyome said: “I wrote it and the cheque has been paid and cleared, anybody who wants to know have the means to know, it is not faked, the number of people who are ready to help me paid this money and they’re angry… the Justices of the Supreme Court if they erred, they’ve erred because they were misled, and I will insist and press on it until justice is done, because this justice will be used on anybody because it’s a precedent. The erroneous impression that I said I will not pay is not true.”
Early this month Mr. Amidu filed an application to examine Woyome in connection with attempts to retrieve the GHc 51 .2 million. Appearing elated Mr. Amidu said: “I have this morning 4th November 2016, filed an application at the Supreme Court for leave to examine the Judgment Debtor as the citizen public interest Plaintiff in favour of whom the case was decided for the Republic of Ghana.”
His action followed a move by the Attorney General to discontinue oral examination of Mr. Woyome. He believes that the AG’s application not to pursue the case involving ‘it’s financier is one more such trick to deceive the public and obstruct the course of justice,” he submitted.
Here is a brief history of the whole Woyome saga:
Mr. Woyome was paid GHc51.2million after he claimed that he helped Ghana to raise funds to construct stadia for purposes of hosting CAN 2008 Nations Cup. However, an Auditor General’s report released in 2010, said the amount was paid illegally, to the NDC financier.
In 2004, per that development the Supreme Court ordered Mr. Woyome to pay back the amount after citizen Villante Martin Amidu challenged the legality of the judgement debt paid to the businessman, Waterville and Isofoton.
It was difficult for them to retrieve the money. And the undue delays would compel the Supreme Court judges to unanimously grant the Attorney General clearance to execute the court’s ruling ordering Woyome to refund the money to the state.
Still, Mr. Woyome remained resistant. In April 2016, he disallowed officials from the Attorney General’s Department and the Lands Commission from having access to his Kpehe residence in Accra for valuation. This again, was another attempt by the Supreme Court to retrieve monies illegally paid to him Mr. Woyome. To him the planned valuation ordered by the apex court in his own words ‘was illegal’.
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