Accra, Feb.14, GNA – Mr Cecil Adadevoh, Senior State Attorney on Tuesday pleaded with the Commercial Court Division of the High Court for time to study and respond to the defence filed by Mr Alfred Agbesi Woyome, a businessman in a suit by the State.
He said the Attorney General's Department was served with a copy of the writ only on Monday and prayed the court for time to study the writ.
On January 16, this year, Mr Martin Amidu, Former Attorney General filed an affidavit to amend an earlier writ praying the court to set aside a consent judgment awarded to Mr Woyome which he alleged was procured through fraud.
Mr Amidu said new information that had come to the AG's attention, required an amendment to the writ of summons and statement of claim filed on August 18, 2010. When Mrs Justice Barbara Ackah-Ayensu, the trial judge asked the defence why it had taken them so long to respond to the AG’s amended writ and serve them a copy, Mrs Dora Acquaye Nortey, who represented Mr Robertson Kpatsa, Counsel for Mr Woyome said the case had many sides and that she was only holding brief for her senior colleague.
Mrs Justice Ackah-Ayensu warned the defence not to unduly delay the process and cautioned that "This should be their last time".
The case has been adjourned to Wednesday, February 22.
It would be recalled that Mr Amidu in his amended writ said it had come to the AG's attention that Mr Woyome lacked the legal capacity to maintain his claim against the AG because there was no contract between Mr Woyome and the Government of Ghana upon which Mr Woyome could have maintained any cause of action in the suit.
Mr Amidu said Mr Woyome lacked the locus standi to initiate the suit because all the processes, proceedings and judgment in that action was a nullity and void, and that consequently the consent judgment filed in the registry of the court on June 4, 2010 which sought to compromise the judgment was also void and of no effect.
He said the AG had discovered that there was no Parliamentary approval for the international procurement process, or ensuring any contracts which invalidated the entire transaction, Mr Woyome’s claim and any subsequent dealings, agreements and settlements.
Mr Amidu said the subsequent settlement in the light of the letter dated May 4, 2005 by the then Deputy Minister of Finance and Economic Planning, Mr Kwaku Agyemang Manu, and in the absence of a written contract and approval by Parliament was procured by fraud.