The Attorney-General’s Department has said although it is opposed to a ruling by the Supreme Court that Martin Amidu can cross-examine Alfred Woyome, the decision will not be challenged.
Dominic Ayine said on Newsfile on Joy FM/Multi TV, Saturday, that any attempt to fight the Court’s decision could be misconstrued as impeding the retrieval of the GH¢51.2 million paid to Mr Woyome for no work done.
The Supreme Court’s ruling has been criticised as a slap in the face of constitutional jurisprudence and a breach of Article 88 of the 1992 Constitution, which gives the Attorney-General the exclusive mandate to institute criminal or civil suits on behalf of the government.
Some legal critics have said the Supreme Court erred in granting Martin Amidu the order to do what the Attorney-General, Marietta Brew Appiah-Oppong, has been constitutionally mandated to do.
Speaking on Newsfile, the Deputy Attorney-General, Dominic Ayine, said in as much as his outfit supports any effort to recover the money, it was important for the due process to be followed.
“We think for instance that there should have been a reference to Article 88 of the Constitution and the role of the Attorney General in civil proceedings,” he said.
However, presiding Judge, Justice Anin Yeboah, gave the following explanation in the ruling:
“Given the circumstances of this case, the colossal amount of the judgment debt, and the fact that for more than two years (since 29/07 /2014) no serious effort has been made to levy execution and no execution process is pending in court, I am prepared to offer an opportunity to the plaintiff/Applicant [Mr Amidu] to proceed accordingly to execute the judgment as a party who initiated the action for the benefit of all the citizens of Ghana.
“My liberal approach to article 2 of the constitution 1992 would, in my view, substantially advance the course of justice in this case. After all, any money that may be realised from the execution is entirely for the Republic of Ghana and the plaintiff/Applicant does not, indeed, stand to benefit directly from it.”
Mr Amidu will proceed with the oral examination, which will among other things allow the state to know which investments the GH¢51.2 million funded to facilitate the retrieval of the judgement debt, will commence on November 24, 2016.
Background
Mr Woyome received GH¢51 million from the state after he claimed that he helped Ghana to raise funds to construct stadia for purposes of hosting the CAN 2008 Nations Cup.
But in 2010, an Auditor General’s report revealed that the amount was paid illegally and subsequently a Supreme Court in 2014 ordered Mr Woyome to pay back the money.
Although the Attorney General has been working to retrieve the money, only GH¢4 million has been retrieved.
Mr Amidu returned to court to seek an order to examine Woyome after the Attorney General backtracked from pursuing the case despite serving an earlier notice to orally examine him.
Watch that part of the discussion on Newsfile in the video link below:
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