Court dismisses AG’s appeal against Woyome

The Appeals Court has dismissed an appeal by the Attorney General challenging a ruling of the high court that discharged businessman Alfred Woyome of any criminal offence in the GHC51 million judgment debt payment case.

The ruling comes about a year after an Accra High acquitted and discharged him of charges of defrauding the state by false pretense and willfully causing financial loss to the state.

The presiding judge Justice Adjet Nassam cited the shoddy work done by prosecution as the reason for his judgment.

In the ruling of the appeal court, the three justices presiding over the case were of the view that the Attorney General’s evidence was not strong enough to prove that Alfred Woyome defrauded the state in anyway and that the trial judge did not err.

The Attorney-General’s Department, on March 13, 2015, filed a notice of appeal to overturn the High Court’s exoneration of Woyome.

It said the judge erred in law when he stated that the prosecution had woefully failed to establish a case against the accused when a prima facie case had been established against him.

Facts of the case

Alfred Woyome was paid ¢51 million for helping Ghana raise funds to construct stadia for purposes of hosting the CAN 2008 Nations Cup.

However an Auditor General’s report released in 2010 said the amount was paid illegally to the NDC financier.

The report triggered nationwide controversy with critics accusing government of misappropriating funds.

Officials of the New Patriotic Party who were in government during the CAN 2008 tournament said Woyome did no work to be paid that whopping sum of money.

The then Attorney General Joe Ghartey said Woyome was contracted to help in raising money for the construction works but he failed to meet the deadline.

He said the NPP government had no choice than to abrogate the contract with Woyome.

When the NPP left office in 2009, Alfred Woyome proceeded to court claiming his contract was illegally terminated and was demanding a judgment debt well over 2 million cedis.

The government failed to defend the state. Rather the then Attorney General under the late Mills administration Betty Mould Iddrisu is said to have negotiated with Woyome for him to reduce his demand on government.

He did and requested for 51 million cedis instead.

The government went to court with a consent judgment. The court accepted and asked the AG to pay in three tranches of 17 million cedis to the plaintiff.

The court was however emphatic that only the first tranche be paid until after the trial.

The court again asked Woyome to present an undertaking that in the event he loses he would refund the first tranche of 17 million cedis but if wins the state will pay the two other tranches left.

Betty Mould Iddrisu however decided to pay all the three tranches.

Her Deputy Ebo Barton Oduro later publicly defended the payment to Woyome.

Martin Amidu

In 2010 Martin Amidu was appointed Attorney General to replace Betty Mould Iddrisu who was sent to the Education Ministry.

That appointment and revelations in the 2010 Audit report changed the dynamics of the Woyome scandal.

Amidu had Woyome arrested and charged for causing financial loss to the state. Two others, including Nerquaye Tetteh, the chief state attorney were also arrested.

Whilst prosecuting the case, Martin Amidu was sacked from government under mysterious circumstances with Marietta Brew Hammond appointed to take his place.

Civil Case

Martin Amidu however proceeded to the Supreme Court as a private citizen and managed to secure a judgment for the state to retrieve the millions of cedis paid illegally to Waterville.

The judges however stayed a verdict on the Woyome case Amidu brought before them because the matter was pending before the High Court.

He later went on a review and had the court rule in his favour. Woyome was asked to refund the 51 million cedis to the state.a

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