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The Supreme Court dismissed the request for review of businessman Alfred Agbesi Woyome, who sought to challenge the court's earlier decision not to have the ongoing legal proceedings over his 47.2 million GH ¢ be transferred to the High Court.
In a unanimous decision rendered today, a three-member panel presided over by Judge Julius Ansah, composed of Judges Agnes A. Dordzie and Professor Emmanuel Nii Ashie Kotey, dismissed the request for reconsideration.
The court also sentenced Mr. Woyome to 6,000 Ghc and to the Attorney General (A-G)
Why Woyome filed the revision
On December 3, 2018, the Supreme Court, presided over by a single judge, Judge Anthony A Benin, rejected an objection raised by Woyome's lawyer, Mr. Osafo Buabeng.
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Mr. Buabeng had argued that the pending case before the court in which the receivers of the defunct UT Bank claim certain property which, according to A-G, belonged to Woyome, should be referred to the High Court.
Counsel argued that since the case was under the jurisdiction of the High Court (Rules of Civil Procedure, 2004, CI 47). Hearing the case in the Supreme Court would deprive the parties of the right to appeal, although the IC 47 provides for the right to appeal in the enforcement proceedings.
Judge Benin rejected the claim and found that the Supreme Court had the power to enforce its judgment and that, therefore, the dismissal of its jurisdiction in the High Court would be unconstitutional.
Dissatisfied with the decision, Woyome's legal team appealed to the three-member panel, which was dismissed.
UT twist
The UT Bank, in April 2016, claimed ownership of the two properties located in Trasacco in Accra when the state attempted to auction them to cover the 51.2 million GH ¢ that the man's Business owed to the state.
The effect of the claim is that the state can not sell the property until it is proven that the bank's claim is false.
Context
On July 29, 2014, the Supreme Court ordered Mr. Woyome to repay 51.2 million GHAC to the state on the grounds that he had obtained the money under unconstitutional and invalid contracts between the State and Waterville Holdings Limited in 2006 for the construction of stadiums. for CAN 2008.
The court found that the contracts on which Mr. Woyome had formulated and received the complaint were contrary to Article 181 (5) of Ghana's 1992 Constitution, which requires that such contracts be placed before and approved by the Government. Parliament.
On March 1, 2016, Mr. Woyome asked the court to allow him three years to pay back the money, but the court refused to grant him his wish.
However, it reimbursed 4 million GH ¢ in November 2016 and promised to pay the remaining balance in quarterly installments of 5 million GH ¢ as of 1 April 2017.
This did not materialize after the businessman started a litany of cases before the Supreme Court to substantiate his case, all of which were dismissed.
In addition to fighting his business in the country, Mr. Woyome also sought compensation from the International Court of Arbitration of the International Chamber of Commerce (ICC) based in Paris, France, and at the African Court of Justice based in Arusha, Tanzania.
In August 2017, the ICC dismissed his case on the grounds that he had not properly invoked his jurisdiction.
His case before the African Court of Justice remains to be determined.
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