Any prospects of overturning a Supreme Court decision ordering businessman Alfred Agbesi Woyome to cough up 51.2 million cedis to the state look pretty much bleak.
Private legal practitioner with Kulendi@Law, Mr. Dennis Adjei, says the Court’s verdict that the 51.2 million cedis judgment award was obtained on the basis of an unconstitutional contract is virtually conclusive.
He explained that since this decision was that of the Supreme Court, the highest court of the land, and came on the back of a review sought by former Attorney General, Martin ABK Amidu, the case ‘has traveled the full length that the legal regime of this country permits.’
The Supreme Court granted a review application by Mr. Amidu Tuesday, July 29, 2014.
He had on June 14, 2013 obtained a favourable judgment from the court on a case in which he argued that settlement awards received by Waterville Holdings Ltd, Mr. Woyome and others were on the basis of contracts which were unconstitutional for want of Parliamentary ratification as required by Article 181(5) of the 1992 Constitution.
The former A-G had prayed the court to order Waterville, Woyome and others to refund all monies obtained from the state on the basis such unconstitutional contracts.
But in its ruling, the Supreme Court declined jurisdiction on the matter relating to Mr. Woyome who is facing criminal prosecution at the High Court.
The Court said to the extent that Mr. Woyome was being pursued by the Attorney-General at a lower court, it didn’t want to be seen interfering with that process.
Dissatisfied with that aspect of the ruling, Mr. Amidu filed a review application praying the court to review its earlier decision and citing ‘exceptional circumstances that have resulted in what we perceive may constitute a miscarriage of justice.’
An 11-member panel Supreme Court, presided by Chief Justice, Georgina Theodora Wood, unanimously granted the review application and the reliefs sought by Mr. Amidu who regards himself as a citizen vigilante.
The court ordered Woyome to refund the money to the state.
Barely four hours after the orders were made, Reginald Dogbe, spokesperson for Mr. Woyome, said all legal processes will be employed to overturn the verdict.
But speaking on Joy FM’s Super Morning Show, Mr. Adjei says the case has reached its final destination and cannot be pursued any further.
He said the only avenue available to a dissatisfied party in a matter determined by the Supreme Court is to seek a review which is exactly what Martin Amidu did and obtained the latest verdict which in any case was a unanimous one.
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