Amidu Sues AG Over €47m Woyome Waterville Cash

Special Prosecutor Martin Amidu and Attorney General Gloria Akuffo

Special Prosecutor Martin A.B.K. Amidu has
dragged the Attorney General (AG), Gloria Afua Akuffo, to the Supreme Court
over the ‘failure’ of her office to enforce a Supreme Court order  that says it should retrieve 47 million Euros fraudulently
paid to Waterville Holdings (BVI) Limited, a company belonging to businessman Alfred
Agbesi Woyome.

According to the suit, unless the court ‘compels’
the AG to enforce the order and also Woyme’s company is ordered to comply and pay
the full amount of debt, the labour and expenses exerted by him as the
plaintiff on behalf of Ghanaians would go in vain.

Mr. Amidu’s suit comes at a time the AG has
made frantic efforts to recover all monies paid to Woyome as some of his
residential property are about to be auctioned to offset the debt.

Attached to the suit are Waterville Holdings
(BVI) Ltd as the second defendant/respondent/judgment debtor and Woyome as
third defendant.

Main Order

The Supreme Court on June 14, 2013 ordered
Waterville Holdings (BVI) Ltd to refund all monies paid to it by the National
Democratic Congress (NDC) government as judgment debt over the termination of
an ‘illegally’ awarded contract for rehabilitation works on the Accra Sports Stadium
for the AFCON 2008 hosted by Ghana.

The Office of the AG under the John Mahama
administration was, however, reluctant to retrieve the debt and subsequently delayed
the processes of seeking direction from the court regarding the enforcement of
the orders.

then instituted an action at the International Court of Arbitration against the
Government of Ghana, challenging the decision of the Supreme Court for his
company to refund the money.


The Court of Arbitration on March 30, 2018 dismissed
the case on grounds of lack of jurisdiction to declare that the contract based
on which he was paid the judgment debt was valid and that the Government of
Ghana is not entitled to a refund of the money.

Woyome also went to the African Court on Human
and Peoples’ Rights based in Arusha, Tanzania, where he filed a case against
Ghana for breach of his fundamental human rights.

In a unanimous decision, the court held that
Mr. Woyome’s right to non-discrimination, right to equality before the law,
equal protection before the law and his right to be heard by an impartial
tribunal had all not been violated.

Amidu’s Action

Currently, Mr. Amidu is seeking an order for
the AG to enforce the original order for Woyome to refund the full amount of
€47,365,624.00 (excluding interest thereon).

According to him, it has been more than a year
since the Arbitration Tribunal brought the arbitration proceedings to an end
and although the ruling is in favour of Ghana, the Supreme Court’s orders are
yet to be enforced.

This he averred “demonstrates that without any
orders and directions from this Court to the 1st Defendant/Respondent to
enforce the decision, orders and directions of this Court against the 2nd
Defendant/Respondent/Judgment Debtor herein, the labour and expenses exerted by
me (Martin Amidu) as the Plaintiff/Applicant who commenced this action to a
successful decision by this Court for the people of Ghana would go in vain and
be compromised by inaction on the part of the 1st Defendant/Respondent whose
office created the unconstitutional Judgment Debt and the 2nd
Defendant/Respondent/Judgment Debtor acting wittingly or unwittingly in

He said the Supreme Court should order the AG “to
enforce the refund of all the total Judgement Debt of €47,365,624.00 (excluding
interest thereon) and for the 2nd Defendant/Respondent/Judgment Debtor to obey
and carry out the orders and direction of this Court contained in the judgment,
orders, and directions of the Court made in favour of the Plaintiff/Applicant
herein on behalf of the people of Ghana against the 2nd
Defendant/Respondent/Judgment Debtor on 14th June 2013 pursuant to Articles 2
and 129 (4) of the 1992 Constitution after the conclusion of the International
Chamber of Commerce Arbitration Case No.20562/TO and the issuance of the Order
for Termination of the said arbitration in four of the Republic of Ghana on
30th April 2018…”

The case is scheduled for October 16, 2019.

BY Gibril Abdul Razak

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