Gh Ac42 Million Doled to NDC Guru in Dubious Court Settlement
Dec 09, 2011 (Ghanaian Chronicle/All Africa Global Media via COMTEX) — The probity and accountability administration of President John Evans Atta Mills has doled out nearly GH Ac42 million of state cash to Mr. Alfred Agbesi Woyome, the National Democratic Congress (NDC) financial guru, who made the highest contribution at the NDC fund-raising recently, and also funded party officials on a jolly ride to South Africa during the 2010 World Cup, in circumstances that call the staggering judgment debt of GH Ac275,917,484.25 for 2010 against the state into question.
Although there is no evidence that Mr. Agbesi ever bid for, and was denied, any aspect of the construction of the five stadia for the 2008 African Cup of Nations Championship as an individual, the NDC guru filed a writ at an Accra High Court on April 2010, in his personal capacity, two clear years after the championship had ended, and walked away with a settlement fee of GH Ac41,811,480.59 from an Accra High Court, on the account that he had suffered loses as a result of being denied the right to do so.
To add insult to the injury of long suffering Ghanaians, the former Attorney-General (A-G) and Minister of Justice, Mrs. Betty Mould-Iddrisu, failed to defend the suit.
But, she hurriedly entered into an arrangement with Mr. Woyome, on how state cash could be deployed to defray the huge fee in an agreed settlement, before His Lordship Mr. I.O. Tanko Amadu delivered his judgment on Friday, July 2010, less than three months after the suit had been filed on April 19, 2010.
It is on record that it was after she had entered into the settlement agreement with the plaintiff – a settlement that had received the endorsement of the court, which she belatedly tried to get the court agree for the A-G’s office to file a defence to the suit.
In his judgment delivered on Friday, July 9, 2010, the trial judge said Mr. Woyome commenced the suit on April 19, 2010 against the Attorney-General and Ministry of Finance and Economic planning, by a writ issued at the registry.
On May 6, 2010, the plaintiff amended the endorsement on the writ, seeking the following: “An order for payment of the sum of Euro 41,259,009.28 or its cedi equivalent for cost of services rendered by plaintiff for the Government of Ghana, for the procurement of facility in the sum of Euro 1,106,587.00 for the construction of sports stadium, medical facilities, radiation plant, and tissue cultural facilities between 2001 and 2006.
Mr. Woyome also sought for an order for payment for Euro 11, 600,229.44 being accrued interest on the sum of Euro 44,259,009.48, from September 2006 up to April 2010, at the rate of Eurobar 1 year plus three points.
The writ asked for interest on the sum of Euro 44, 259,009.48 or its cedi equivalent, at the rate Eurobar 1 year plus three points, from May 1, 2010 up to, and inclusive of the day of final payment.
The Attorney-General at the time, Mrs. Betty Mould-Iddrisu, according to the judgment, “Entered appearance by notice of entry appearance filed on behalf of the Attorney-General (1st defendants herein) and the Second Defendant Ministry, but failed to deliver a defence within the period allowed by the rules of court for defence to be filed,” according to the judgment read on July 9, 2010.
“By motion for final judgment in default of defence,” read His Lordship Tanko Amadu, “the plaintiff invoked the court’s jurisdiction for judgment on the grounds of the Defendants’ default in filing a defence within the time stipulated by the rules of the court,
“When the suit came before me on 24/5/2010 for hearing of the plaintiff’s motion, I struck out the endorsement of the Ministry of Finance and Economic planning from the suit,” according to the trial judge, “In my view was an unnecessary party in the action, and there being no defence to the action by the Attorney-General, I proceeded to grant the Plaintiff’s application for judgment, as per the endorsement on the writ, and costs of GH Ac25,000.00 in favour of plaintiff.”
“As it turned out,” according to the judgment, “subsequent to the Plaintiff obtaining judgment aforesaid, the parties negotiated the judgment by mutual consent, which compromised position gave rise to the production of the terms of settlement filed in the registry of this court on 4/6/2010.”
The terms of settlement was signed by the parties – Attorney General and Mr. Woyome – and witnessed by their lawyers, according to the judgment read by Justice Tanko Amadu,
“The Defendants shall pay to the Plaintiff the sum of GH Ac51,283,480.59 by three equal monthly installments in the sum of GH Ac17,094,493.53, beginning June 2010 and ending August 31, 2010, in full and final installment of the judgment debt.
The terms of settlement shall be entered as consent judgement, subject to the default clause,” according to the judgment delivered by Mr. Justice Tanko Amadu.
According to Justice trial judge, “By a letter dated 3/6/2010, from the Chief Director, who was acting for the Minister of Finance and Economic planning, attached to the Plaintiff/Respondent’s affidavit as Exhibit ‘AW’, the Minister of Finance confirmed the contents of the terms of settlement, as per the advise of the Defendant, who is the principal legal adviser of the Government of Ghana, and proceeded to set out terms of payment of the judgment debt, in terms of the settlement reached between the parties, and witnessed by their lawyers.”
According to the judgment, while the plaintiff applied for the settlement to be enforced, the Attorney General (the defendant) applied on June 11, 2010 for an order to set aside the terms of settlement.
The Attorney-General’s application for the order to be set aside was supported by an affidavit deposed by Mr. Samuel Neequaye-Tetteh, Chief State Attorney, on behalf of the Defendant/Applicant, and crucial to the depositions therein are the following:
“That the failure of the applicants to file a defence was not deliberate or disrespect of the court, but was due to an earlier position taken on the matter by the Applicants.”
That the applicants then were of a mistaken belief that there was no defence to the claim, and, therefore, did not file a Statement of Defence.
That it has now come to the knowledge of Applicants that there is a defence to the action. furthermore, the terms of settlement stated an amount of GH Ac51,283,480.59, instead of an amount of GH Ac41, 811,480.59.
That in the circumstances, it is the prayer of the Applicants that they were granted leave to file their defence out of time, to enable them defend the claim on the merits of the case.”
According to the judgment, Mr. Woyome’s lawyers succeeded in arguing that following the settlement, their client had contracted a loan of GH Ac4 million from NDK Financial Services, and that it would be a travesty of justice to deny them a settlement that had been worked out with the active participation of the defendant.
In his judgment, Justice Amadu Tanko ruled thus: “For all these reasons I have set out in this ruling, I will refuse the Defendants/Applicant’s prayer to set aside the terms of settlement in this suit, and having refused the application, I hereby, adopt the terms of settlement as the consent judgment of the parties in the suit.”
Copyright Ghanaian Chronicle. Distributed by AllAfrica Global Media (allAfrica.com).
Gh Ac42 Million Doled to NDC Guru in Dubious Court Settlement
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