The Accra Fast Track High Court has restrained the Economic and Organised Crime Office (EOCO) from carrying out investigations into suspected offences, including fraud, in the award and execution of contracts for the construction of stadia for CAN 2008.
The court�s order followed a motion on notice for the grant of an order for interlocutory injunction filed by Dr Kofi Amoah, the Chairman of the erstwhile Local Organising Committee for CAN 2008, praying for an order to restrain EOCO, whether by itself, its agents, assigns and servants or however described, from continuing and/or having anything to do in any manner whatsoever with the purported investigations into the matter pending the final determination of the suit.
The court, presided over by Mr Justice A. K. Ofori-Atta, held that after a careful reading of the pleadings and affidavit evidence before the court and after listening to submissions by counsel for Dr Amoah and EOCO, its considered opinion was that flowing from pronouncements made by the President of the Republic of Ghana and the Deputy Attorney-General, plaintiff/applicant had demonstrated the apprehension of a real likelihood of bias on the part of EOCO to conduct fair and/or impartial investigations into the issues in controversy.
According to the court, the applicant had also made out a legal right at law or in equity which the court ought to protect by maintaining the status quo until the final determination of the action on its merits.
It said on the balance of convenience, EOCO could carry out its investigations after the determination of the action, but plaintiff/applicant would be incapable of being compensated in damages in the event of his succeeding at the trial.
After the Auditor-General had transmitted its report on the Public Accounts of Ghana (Consolidated Fund) for the year ended December 3, 2010 to Parliament, it generated what is now variously referred to as the �Woyome Saga� and/or �Woyomegate�.
Following the furore, President John Evans Atta Mills directed EOCO to investigate certain alleged offences, including fraud, in the award and execution of contracts for the construction of stadia for CAN 2008.
In pursuance of the directive by the President, EOCO, in a letter dated January 5, 2012, invited Dr Amoah to assist EOCO in its investigations.
Dr Amoah declined to honour the invitation and filed a writ of summons challenging, among other things, the statutory mandate and authority of EOCO to conduct and/or undertake the investigations, in view of the mandatory provisions of Article 187 of the 1992 Constitution that Parliament was the only constitutionally mandated body to investigate and debate matters arising out of the Auditor-General�s report.
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