SC dismisses Woyome’s applications

aeu2xkj87r-36488f258d4891472e42d3f2468e62fc-lBy a unanimous decision, the five-member panel of judges of the Supreme Court (SC) yesterday dismissed two separate applications filed by Mr. Alfred Agbesi Woyome, regarding the vigorous efforts of the Attorney-General to make him pay back the judgement debt he collected from the state unconstitutionally.

The first application to be dismissed was the motion he filed on Monday, November 27, 2017, at the Court (SC) for an order seeking to arrest or stop the Apex Court from delivering a ruling it had already scheduled for the next day yesterday,  following an order he (Mr. Woyome) secured from the African Court on Human and People’s Rights (ACHPR) in Arusha Tanzania.

And the Second Application which was also dismissed by the judges was the one the businessman (Mr. Woyome) filed on October 10,2017, “for stay of execution proceedings” until the final determination of his case pending before the African Court on Human and People’s Rights in Arusha.

The judges were, Mr. Justice Jones Dotse (President), Mr. Justice Anim Yeboah, Mrs. Justice Vida Akoto Bamfo, Mr. Justice Anthony A. Benin and Mr. Justice Yaw Appau.

Delivering the ruling on the Application “to arrest the judgement” per the order from ACHPR, Arusha, Tanzania, Mr. Justice Dotse said:

“This court does not share its constitutional jurisdiction with any other court local or foreign.

“A quick reference to the Constitution, 1992, Article eleven (11) makes it quite clear that in all these matters, the constitution and the laws of Ghana passed by Parliament came in that order of prioprities.

“The Application is thus bereft of any merits and is dismissed accordingly.”

Mr. Justice Dotse, however, told Mr. Kwaku Osafo-Buabeng, Counsel for Mr. Woyome that the Order they secured from Arusha should have been directed to the Attorney-General or the government not the Supreme Court because it (SC) was not a party to case.

Mr. Justice Anin Yeboah, who also delivered the ruling on “the Application for Stay of execution proceedings,” said:

“The Application for stay of execution proceedings filed by the 3rd Defendant  / Applicant on 10-10-2017, is hereby dismissed as being without any merit whatsoever.

“The Application is hereby dismissed accordingly.”

Mr. Alfred Agbesi Woyome filed an Application on October 10, 2017, asking the Supreme Court to stay proceedings pending the hearing and final determination of the suit in the African Court on Human and People’s Rights.

According to him, he applied to the ACHPR on July 3, 2017, for interim measures in terms of articles 5 and 27 of the protocol to the African Charter on Human and People’s Rights and the Rules of Court Rule 51.

He said that the application for interim measures was in respect of the review bench of the Supreme Court on July 29, 2014, for the refund of an amount of GH¢51,283,480.59 he collected as judgement debt from the state.

Mr. Woyome said that any ruling of the Supreme Court to enforce the judgement of the review bench of July 29, 2014, would cause “irreparable damage to me should the judgement of the African Court go in my favour”.

By Castro Zangina-Tong   

email
Print Friendly

Leave a Comment