The Supreme Court has ignored an order made by the African Court for Human and People’s Rights asking Ghana to halt efforts to retrieve 51.2million cedis wrongfully paid to Alfred Agbesi Woyome.
The regional court on November 24 ordered that government puts on hold efforts to retrieve the money paid the businessman pending a determination of the substantive case he brought before the court.
“The court finds that the situation raised in the present application is of extreme gravity and urgency on the basis that should the applicant’s property be attached and sold to recover the 51, 283, 480.59 the applicant would suffer irreparable harm if the application on the merits is decided in his favour…” the 11-member panel said.
Lawyers for the businessman on Tuesday presented the order to the Supreme Court asking that all proceedings relating to the repayment of the money be suspended.
This brought to two, the number of motions the court was to determine. While the first motion aimed to stay the proceedings, the other sought to arrest the ruling of the court on the motion for stay of execution.
Joy News reporter, Joseph Ackah Blay reports, Deputy Attorney-General Godfred Yeboah Dame opposed the application saying the Treaty setting up the African Court even though has been ratified by Ghana’s Parliament, it has not been incorporated into Ghana’s laws.
Delivering the decision of the 5-member Panel, Justice Anin Yeboah said the businessman had failed to show any factual or legal basis for the court to hold on with its ruling.
The panel also unanimously dismissed the other application asking that all processes in relation to retrieval of the money be put on hold.
Deputy Attorney-General Godfred Yeboah Dame told the Press government will not cease attaching properties of the businessman.
He also found the ruling by the African Court strange, as there was no opportunity by lawyers representing the state to present their side of the story prior to the ruling.
“The ruling of the African Court came as a surprise to us; there was no hearing whatsoever and there was no notification to us on proceedings…we think that something went amiss [and] something fishy occurred,” he stated.
Source : Updghana