The Supreme Court yesterday adjourned the Oral examination of Mr. Alfred Agbesi Woyome by the former Attorney-General and Minister of Justice, Mr. Martin Alamisi Amidu, to January 26, 2017.
Mr. Justice Anin Yeboah, who sat as a sole judge, and granted leave to Mr. Amidu to examine Mr. Woyome on oath with regard to the repayment of the GH¢51.2 million judgement debt, said that he had adjourned the case again pending the outcome of another writ filed by a private legal practitioner for the interpretation of Articles 2 (1), 128, 130 and 134 of the 1992 constitution.
Mr. David Kwadzo Ametefe’s writ is on the basis that it was unconstitutional for Mr. Justice Anin Yeboah, a single judge, to interprete the constitution by ruling on November 16, 2016, that Mr. Amidu could subject Mr. Woyome to oral examination to ascertain whether he (Mr. Woyome) had property or any other means of paying back the money (GH¢51.2 million) he collected from the state as judgement debt.
According to the plaintiff, “a private person does not have the capacity to execute a judgement in favour of the state and or on behalf of the state” as stipulated in Articles 2 (1) and (88) of the 1992 Constitution.
And in a like manner, Mr. Ametefe has said that a single judge of the Apex Court also has no jurisdiction to determine matter or matters involving the interpretation of the constitution under Articles 2 (1), 128, 130 and 134.
The relevant provisions of the afore-stated articles of the 1992 Constitution are:
Article 2 (1) (b) “Any act or omission of any person; is inconsistent with, or is in contravention of a provision of this constitution, may bring an action in the Supreme Court for a declaration to that effect.
Article 128 (1) states:“The Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court.
“The Supreme Court shall be duly constituted for its work by not less than five Supreme Court Justices except as otherwise provided in article 133 of this constitution.
Article 130 (1): “Subject to the jurisdiction of the High Court in the enforcement of the fundamental human rights and freedoms as provided in article 33 of this constitution, of Supreme Court shall have exclusive original jurisdiction in – (a) all matters relating to the enforcement or interpretation of this constitution.”
Article 134 (1): “A single Justice of the Supreme Court may exercise power vested in the Supreme Court not involving the decision of the cause or matter before the Supreme Court, except that – (a) in criminal matters, where that Justice refuses or grants an application in the exercise of any such power, a person affected by it is entitled to have the application determined by the Supreme Court constituted by three Justices of the Supreme Court and (b) in civil matters, any order, direction or decision made or given under this article may be varied, discharged or reversed by the Supreme Court constituted by three Justices of the Supreme Court.”
The Supreme Court on Tuesday, December 13, adjourned the hearing of Mr. Ametefe application for constitutional interpretation of Mr. Justice Anin Yeboah’s ruling on November 16, to January 10, 2017.