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Amidu's dishonesty exposed

Sat, 30 Jun 2012 Source: Dailypost

On Wednesday, June

27, 2012, Ghanaians woke up to learn that Former Attorney-General, Martin Amidu

has dragged his successor, Dr. Ben Kumbuor, Waterville Holdings, Autro-Invest

Limited and businessman Alfred Woyome to the Supreme Court.

Says the first

three paragraphs of the news item which appeared in the New Crusading Guide;

“Apparently

disgruntled by the lethargic performance of the prosecution in the Woyome

judgement debt case pending in court….. Martin Amidu has climbed a step further

in his avowed quest to help the State to retrieve the GH¢52million which he

contends was wrongfully paid to businessman, Alfred Agbesi Woyome.

“Mr. Amidu is seeking

a declaration that the conduct of President Mills implying in an interview with

Radio Gold on 23rd December 2011 that the two international Business Agreements

of 26th April 2006 between the Republic of Ghana and Waterville Holdings (BVI)

Limited incidental to it created liabilities for the Republic of Ghana for

which the Government of Ghana had to pay Mr. Woyome judgment debts are

inconsistent with and in contravention of Article 181 of the 1992 Constitution

and undermine efforts to defend the Constitution.

“He

argued that on a true and proper interpretation of Article 181(3), (4), (5),

and (6) and the spirit of the 1992 Constitution, the Republic of Ghana cannot

incur liability for any foreign or international loan or expenses incidental to

such foreign or international loan transactions without Parliamentary approval

of the transaction for it to be operative and binding on the Republic of Ghana.”

State Attorneys at the A-G’s department must either be having a

good laugh at the current stance of this Former Attorney-General or may be

scratching their heads wondering if his medulla oblongata has suddenly

developed a problem because while he was their boss, he showed through his

actions as well as correspondence between him and others that he saw nothing

wrong with Mr. Woyome being paid the judgement debt.

Documents including internal memos at the time Martin Amidu was

in office as Attorney General and which the Daily Post has in its possession proves

that Martin Amidu indeed found

nothing wrong with the judgement debt of GH ¢52 million paid to Alfred Woyome.

Indeed, contrary to Martin Amidu’s claim that “…matters came to

his attention on 23rd December, 2011 as the then Attorney-General”,

this paper can state authoritatively that he knew about the Woyome judgement

debt at least as at June 28, 2011 when he was served with Woyome’s MOTION ON NOTICE

FOR RELISTMENT after

the High Court hearing the case of Attorney-General Vrs. Alfred Woyome struck

out the case for want of prosecution.

That the case was struck out for want of prosecution simply

means that the state, which was then the plaintiff, was not showing any interest

in pursuing the case in the court. Ironically, it was Alfred Woyome, who,

wanting the cause of justice to be served, who relisted it.

Martin Amidu, as Attorney-General, was the one who selected

Cecil Adedevor, a Senior State Attorney to go and represent him at the court on

June 28, 2012, which was duly done. So, Martin Amidu cannot claim he became

aware of the case only on December 23, 2011.

That he saw nothing wrong with the payment made to Alfred Woyome

can be adduced from his response minuted on an internal memo sent to him on

November 3, 2011 by the Solicitor-General (SG) of the AG’s department, Amaa

Gaisie.

In this memo, the SG said “The

SSA and the CSA handling the case have complained about their unpreparedness to

handle the case and the weakness of the case… They have therefore recommended

that we either revert to the initial settlement of this case or provide the

following persons to give evidence on behalf of the state;

1. Mrs. Betty Mould

Iddrissu, Former Attorney General

2. Mr. Agyemang Manu

–Former Deputy Minister of Finance

3. Mr. Paul Asimenu

–Director, legal, Ministry of Finance.

I have spoken to Mr.

Paul Asimenu who has agreed to give evidence; however, he believes that the

defendant is entitled to the fee….”

In his

response to this memo, Martin Amidu did not make any of the claims he is making

now. His response to the SG which was written on the SG’s memo read;

“I did not assign this

case to the Attorneys and I am not going to take them out of it. I also did not

authorize the trial of the case. Attorneys shd have known from the beginning

they were uncomfortable handling the case and shd have sought directions then.

What the CSA is saying at folio 16 in 2 must have been known to him before he

assumed office on 25/1/11 and cannot be an excuse. I do not intend to

countermand my predecessor’s instructions in the matter and subsequent actions

by Attorneys. The writ dated 28/07/10 was not filed upon my instructions and it

is not today that I am to be told those who filed the action think it is weak”

It is instructive

to note that even after Alfred Woyome had relisted the case in court, the

Attorney-General, who was then Martin Amidu, still showed no interest in

pursuing the case in court. Indeed, at the court, the A-G, who was now the plaintiff

in the relisted case pleaded with the court to allow it time to settle the

matter with Alfred Woyome. This request was granted. As a result, the Chief

State Attorney, Samuel Nerquaye-Tetteh on November 17, 2011 in an internal memo

to the Attorney-General, Martin Amidu stated that

“We have been informed

by the Ministry of Finance that the principal amount due to Mr. Woyome

amounting to GH ¢51,283,480.59 had already been paid. What is outstanding is

the interest on the said amount at the rate of Eurobar 1 year plus 3 points

from September 2006 to April 2010 and costs

“It is submitted that

we meet with the solicitors of Mr. Woyome before the next court date of 23

Novemebr 2011 to arrive at some form of settlement on the quantum of interest

due. We could in the process urge Mr. Woyome and his lawyers to give up the

counterclaim against the AG

“ The counterclaim

includes a compound interest on the sum of GH ¢4,000,000 AT 5% per month from 2nd

July 2010 until date of final payment, a further interest of GH ¢1,000,000.00

due as a result of default in repaying a loan from UT Bank as well as legal

fees at 10% of the aggregate sum due and payable.

“This will enable us

to request the court to adopt terms we agree on and thereby save the state from

incurring further costs based on the mounting interest and legal costs”

What did

Martin Amidu do when he got this memo? Did he reject the suggestions? No. Did

he remember the “… true and proper

interpretation of Article 181(3), (4), (5), and (6) and the spirit of the 1992

Constitution, the Republic of Ghana cannot incur liability for any foreign or

international loan or expenses incidental to such foreign or international loan

transactions without Parliamentary approval of the transaction for it to be

operative and binding on the Republic of Ghana”? No. Did he argue “…that on a

true and proper interpretation of Article 181(3), (4), (5), and (6) and the

spirit of the 1992 Constitution, the Republic of Ghana cannot incur liability

for any foreign or international loan or expenses incidental to such foreign or

international loan transactions without Parliamentary approval of the

transaction for it to be operative and binding on the Republic of Ghana” as he

is doing now? No. So what was his response?

In his response on

Novemebr 21, 2011,minuted on the Chief State Attorney’s memo, Martin Amidu, in

his own handwriting simply told the Chief State Attorney that “As long as the matter

is handled

professionally having regard to all the circumstances of the case I will have

no problems with the conclusion

arrived at”

Obviosuly, Martin Amidu saw nothing wrong with the judgement

debt payment paid to Alfred Woyome until he was fired by President Mills for

insubordination. From thereon, Martin Amidu became a so-called Citizen Vigilante who

sees everything

wrong with the payment of the debt. But every reasonable Ghanaians understands

that his recent behaviour is a matter of sour grapes for being sacked as well

as the Delusion of Grandeur he is suffering from.

Right thinking Ghanaians will not take this man seriously.

Suffice to say that some people. Because they have decided to see everything

wrong with the Mills government, now see Martin as the man they can use against

President Mills and the NDC. They of course must also understand that “he who

drums for a sick man to dance, is himself sick”

Source: Dailypost