The Supreme Court (SC) has dismissed a suit by one Abdulai Yusif Fanash Muhammed which sought a review of the highest court’s earlier ruling that businessman, Alfred Agbesi Woyome should refund the GH¢51.2 million paid to him by government as judgement debt.
Mr Muhammed sued Mr Alfred Agbesi Woyome, Attorney General (AG) and Mr Martin Amidu.
He wanted a declaration that the financial engineering claims by Mr Woyome arising out of the tender bid by Vamed Engineering GmbH/Waterville Holdings during the procurement process in June 2005 until its wrongful abrogation in August 2005 was not an international business transaction within the meaning of Article 181 of the 1992 Constitution.
He was of the belief that the Supreme Court had no jurisdiction to pronounce on the financial engineering claims between a citizen of Ghana and the government of Ghana which does not fall within the ambit or purview of article 181.
The application was however withdrawn by the plaintiff.
Following that the court on Thursday struck out the suit on the grounds that the case before it was frivolous.
International Arbitration
Meanwhile, the beleaguered businessman has decided to go for an international arbitration with regards to the GH¢51.2 million judgment debt which the Supreme Court has asked him to refund.
He gave the hint of his latest move on Thursday after the Supreme Court dismissed an application by one Abdulai Yusif Fanash Muhammed who had filed an application to contest the Supreme Court’s jurisdiction over the case.
Counsel for Mr Woyome, Ken Anku who spoke to Graphic Online’s Seth J. Boakye said even though Muhammed’s case would have inured to the benefit of Mr Woyome, he was not the one who initiated it contrary to arguments that the suit by Muhammed was spearheaded by Mr Woyome.
“The action at the Supreme Court was not commenced by Alfred Agbesi Woyome. We were only brought in as defendants and the plaintiff withdrew his action so we also withdraw our action,” he maintained.
Mr Anku explained that “this is not the end of the case” as his client in the next couple of days would head to the International Chamber of Commerce to argue out his case that the contracts that were terminated by the Kufuor administration was not an international contract as maintained by the Supreme Court.
“My client has always maintained the position that the two contracts that were terminated by Kufuor were not what he went to court to seek for payment,” he said.
The Supreme Court in July 2014 ordered Mr Woyome to refund GH¢51.2 million to the state on the grounds that he got the money out of unconstitutional and invalid contracts between the state and Waterville Holdings Limited in 2006 for the construction of stadia for CAN 2008.
Source: Graphic.com.gh
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