THE COURT of Appeal will on May 9, 2013 rule on an appeal filed by Alfred Agbesi Woyome, the embattled NDC financier, challenging a ruling by an Accra Commercial Court that granted the Attorney-General the power to amend a writ that intends to seek a refund of GH¢51,283,480.59 paid to him as judgment debt.
The court adjourned the matter to the said date after counsel for the appellant, Musah Ahmed, and Dorothy Afriyie Ansah, who represented the AG, had indicated that they were relying on documents filed in contesting the matter.
Woyome filed the appeal on grounds that the commercial court judge, Justice Barbara Ackah-Yensu, ‘erred in law when she ruled that the plaintiff (AG) could amend its claim to include the issue of constitutionality of the contract between Government and Vamed/Waterville relating to need for the prior approval of Parliament’.
According to Woyome, the judge failed to exercise her discretion judiciously when she took into account irrelevant matters such as public interest in arriving at the decision and also occasioned a miscarriage of justice ‘when she ignored the effect of the consent judgment’ granted in his favour on the instant suit by the AG.
Mr. Woyome, who observed that Justice Ackah-Yensu’s ruling was against the weight of affidavit evidence before her court, prayed the superior court to set it aside in the interest of justice.
It would be recalled that on July 27, 2010, the AG instituted an action against him seeking a declaration that the agreement reached with him for the payment of GH¢51,283,480.59 in three equal installments was arrived at by mistake as well as other declarations or consequential orders the court might deem fit.
On August 18, 2010, the AG amended its writ and included, as part of reliefs, an order setting aside the consent judgment filed in the registry on grounds that it was procured through a mistake.
Although Woyome filed his statement of defence and a counter claim, looking forward for the AG to move its motion, the AG went to sleep until January 2012 when it again filed a motion to seek leave of the court to amend its writ on issues of fraud allegations leveled against him.
The move for the second amendment was initiated by former Minister for Justice and Attorney-General Martin Amidu, who was sacked by the late president, Prof. Mills, a few days after taking the bold step.
In the said application, the AG had sought nine additional reliefs.
Woyome responded by filing an affidavit in opposition and conceded that the AG could raise the issue of fraud but could not canvass any other issue or relief since that would re-open matters concluded in the consented judgment.
Following these arguments, the trial judge, Barbara Ackah Yensu, ruled in February 2012, granting AG leave to amend the proposed writ on terms specified in the AG’s motion paper and supporting affidavit.
Woyome believes that Justice Barbara Ackah Yensu erred in law by granting the amendment which canvassed further grounds in addition to the allegation of fraud.
The state has since filed an affidavit in opposition to the appeal, denying issues raised by Woyome.
By Mary Anane