General News of Saturday, 5 August 2017
According to a statement issued yesterday from the office of Mr. Alfred Woyome which was signed by his Special Assistant Reginald Seth Dogbey, there is a possibility for Mr. Alfred Agbesi Woyome to demand compensation from the government of Ghana for the various acts of human right abuse against him, as the International Chamber of Commerce (ICC), has vindicated him of all charges, stating Mr. Woyome was never part of the 2006 contract as cited by the Supreme court.
In his quest for justice in the matter of the judgement debt of GH ¢5.2 million paid to him when the International Court of Arbitration (ICA) of the International Chamber of Commerce (ICC) sitting in London struck out his application to it for arbitration between it and the Government of Ghana (GoG) in respect of the GH ¢5.2 million, businessman Alfred Agbesi Woyome took a giant step to clear all doubts by allowing the law to decide.
The court, by its ruling, says there can be no arbitration in the matter Alfred Woyome has brought before the ICA of the ICC because he was not part of the 2006 contract which the Supreme Court has cited as a basis for which he should return the GH ¢5.2 million to the state nor did he benefit from that contract.
Meanwhile, Mr. Woyome had repeatedly said the reason for which he went to court and secured a consent judgement of GH ¢5.2 million against the state has to do with the abrogation of contract by the Kufuor government in 2005 and not the Waterville contract of 2006 that many, including the Supreme Court of Ghana have cited.
The verdict of the ICA of the ICC now permits the businessman to demand compensation from the government of Ghana for all the various acts of human right abuse against him.
The claim which is already before the African Court on Human and People’s Right in Arusha, Tanzania and for which the Government of Ghana (GoG), has already been served through the Ministry of Foreign Affairs, puts the matter in its right perspective.
Below is the full text of the statement;
STATEMENT FROM THE OFFICE OF ALFRED AGBESI WOYOME
IN REACTION TO THE LEAKED ARBITRATION DECISION OF THE ICC DATED 3RD AUGUST 2017 TO THE MEDIA BY THE GHANA ATTORNEY GENERAL’S OFFICE–
RE: ICC Case number: 22679/TO, Decision dated 3rd August 2017
The decision of the International Court of Arbitration of the International Chamber of Commerce (“court”) dated 3rd August 2017 is the right decision and expected by the Claimant (Alfred Agbesi Woyome) although it came at a substantial cost to the claimant in terms of legal fees.
The decision as per ICC’s article 6(4) means that the case does not meet minimum requirement of the ICC for arbitration.
Any decision apart from the above would have surprised this office.
What the decision actually means is that, Alfred Agbesi Woyome is not a signatory to/beneficiary of the 2006 Waterville Contracts with the Government of Ghana and cannot therefore come before the ICC for arbitration based on those Contracts.
In fact Alfred Agbesi Woyome sued Government on the basis of the illegal cancellation of the procurement process of CAN 2008 that took place in 2005 and not 2006 Contract GoG signed with Waterville.
The procurement Process of 2005 received a Concurrent approval from the Central Tender Review Board and Cabinet could not purport to have cancelled it as Cabinet has no such powers in the procurement law and in fact is alien to the procurement law.
The Supreme Court of Ghana erred by linking Alfred Agbesi Woyome to the Waterville contract by “necessary linkage “using the now “residual unspecified Jurisdiction” to ground “Justice “as their main Principle in ordering a refund of monies Paid to Mr. Alfred Agbesi Woyome legally under the laws of Ghana.
As expected, this office has already determined that the Human Rights of Mr. Alfred Agbesi Woyome has been abused and was occasioned by the Review Decision of the Supreme Court of Ghana.
Mr. Alfred Agbesi Woyome has sent this aspect of the case to the African Court on Human and Peoples’ Right in Arusha Tanzania by invoking article 40 read together with article 75 of the1992 constitution of The Republic of Ghana under case number Ref:AfCHPR/Reg./appl.001/2017/001.
Ghana has ratified the necessary Protocols of the African Court, recognized the competence of the African Court, and also submitted to the authority of the African Court.
A preliminary determination of the case has been made and a Prima farcie case has been established by the African Court in favour of Mr. Alfred Agbesi Woyome and Ghana has been served all the necessary processes through the ministry of Foreign Affairs of Ghana.
The following entities have also been served the necessary processes:
The Chairperson of African Union Commission, The Executive Secretary of African Commission on Human and Peoples’ Rights, All states Party to the Protocol and The Executive Council of the African Union, through the Chairperson of African Union Commission.
Ghana has been ordered to appoint their lawyers latest by Tuesday the 8th of August 2017.
Ghana has also been ordered to file their response within 30 days after the 8th of August 2017.
Reginald Seth Dogbey
Attachments-African Court’s served documents.