Accra, Jan. 31, – The Supreme
Court by a unanimous decision, on Wednesday dismissed an application by Mr
Alfred Agbesi Woyome, seeking to stop an earlier ruling of the apex court for
him to appear for an oral examination on his assets by the State.
Mr Woyome, filed the application
at the Court seeking to reverse the single judge’s order on June 8 and July 24,
2017.
The Sole Judge, Justice Alfred
Anthony Benin on June 8, gave an order for the judgment debtor to be orally
examined, and also on July 24 gave another order subpoenaing the head of the
Lands Commission to appear before it.
A three member review panel of
the Court presided over by Justice William Atuguba, in its short ruling
unanimously dismissed the application.
He is therefore to appear before
the sole judge to continue with the oral examination.
At the last sitting, counsel for
Mr Woyome, Mr Osafo Boabeng, in moving the application said the order is a
garnishee order that is to allow the judgment debtor to come and tell the court,
speak to the facts as to what he has and plans in paying the judgment debt.
He said the Sole Judge, Justice
Benin gave an order asking his properties to be sold and that is not done under
the garnishee order rule to ask that the judgment debtor’s property be sold.
He said that the judge again went
beyond his jurisdiction, especially by involving the Lands Commission in the
garnishee order.
However, Deputy Attorney General,
Mr Godfred Yeboah Dame opposed the application saying no rule whatsoever has
been breached in making the orders.
Mr Woyome has filed a number of
legal proceedings in court, with this application being the seventh since the
start of the legal battle to determine his ability to pay the debt owed to the
state.
All his legal attempts have
proved futile as the court keep dismissing his applications for various
reasons.
The court on October 21,
dismissed an earlier application filed by Mr Woyome, to halt the valuation of
his property by the State as part of efforts to retrieve the money, the court
at the time was empanelled by a single judge.
Mr. Woyome is praying the court
to put on hold all processes to reclaim the money from him until a
determination of another related case being heard at the African Court on Human
and Peoples’ Rights.
The Attorney -General was
expected to continue with the oral examination on how, Woyome intends to re-pay
the amount.
Ghana News Agency legal news
bulletin indicates that previously, the Counsel for Mr Woyome, Mr Osafo
Boabeng, had filed an application arguing that the writ of execution that the
Attorney General (AG) used for the valuation was illegal.
He argued that the AG failed to
seek consent from the apex court to renew the writ of execution and, therefore,
any action based on that writ was a nullity.
The court, presided over by,
Justice Alfred Anthony Benin, on October 20, dismissed the application saying
the AG did nothing wrong because the writ of execution had not expired and was
effective.
He said the first writ of
execution which was filed on January 9, 2015 was still in effect when the AG
filed for another one on January 6, 2016 and, therefore, the issue of renewal
did not arise.
The court subsequently, adjourned
the matter to October 30, for continuation of the oral examination of Mr Woyome
by the AG.
On October 30, Lawyers for
Woyome, told the court that he was still ill and unable to attend court.
Mr Buabeng presented yet another
excuse duty document to the single Justice handling the case in his chambers to
support the request of his client to be given more time to make himself
available for his oral examination to continue.
GNA
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