Martin Amidu Chases Heroism

*After Letting Top NPP Officials Off The Hook*

By Larry-Alans Dogbey

After unprecedentedly lazing about on the ‘gargantuan’ list of corruption and financial loss cases, involving top functionaries of the New Patriotic Party (NPP), Martin Amidu, the sacked Attorney-General and Minister of Justice, in the current National Democratic Congress (NDC) government headed by Prof. John Evans Atta Mills, is now seeking to be a martyr in the minds of the many Ghanaians, disappointed at the former principal legal adviser of the state.

The beleaguered ex-Justice Minister, yesterday issued another press statement, asking Ghanaians to join him “as a citizen vigilante” in the case of the GH¢51 million judgment debt fraudulently paid to NPP/NDC financier, Alfred Agbesi Woyome, because he (Amidu) believes that “the Republic of Ghana has an excellent case for a refund” of the huge cash.

In his latest press statement, Mr. Amidu erroneously postures himself as having been appointed by President John Mills as Justice Minister mainly to sit on the dirty Waterville-Shanghai-Woyome scandal, and that his subsequent dismissal from the Justice Ministry was on the basis of his sacrosanct stance on the scandal.

But inside the Attorney-General’s Department, begging for criminal prosecution are some high profile cases which were idling on the desk of Betty Mould-Iddrisu till she was transferred to the Education Ministry.

The appointment of Mr. Amidu as Minister of Justice did not make any significant impact either, till he was sacked over his inability to back his claim of corruption with evidence.

Among the tall list of cases involving the NPP top guns are: the Ghana Airways/Ghana International Airline trial, involving Kwadwo Mpiani and Dr Richard Anane, which since 2010 has been stuck in the office of Chief Justice Georgina Wood; the appeal case in the Ya Na murder trial; the corruption-ridden Ghana@50 appeal, involving Kwadwo Mpiani and Dr Charles Wereko –Brobbey, and the several boxes of untouched evidence stuck at the Headquarters of the Police Criminal Investigation Department (CID).

Others include, the fraudulent sale of the Ghana Oil Palm Development Corporation docket, involving Dr. Anthony Akoto Osei and his two brothers, Ambassador D. K. Osei and Albert Osei.

The case of the Sheila Sackey and the Australian House case, in which it was realized by CID investigators that a company owned by the NPP Member of Parliament for Assin North, Kennedy Agyepong, was questionably awarded a renovations contract.

The case of the barbaric murder of Deputy Managing Director of the Ghana Commercial Bank, Roko Frempong in Tema. Another is Kennedy Agyapong’s public death threat to Alhaji Bature docket, which was sent to Mr. Amidu by the Police CID for prosecution but never saw light. Insiders tell The Herald that the docket is yet to be traced by Dr. Ben Kumbuor, the present Attorney-General and Minister of Justice.

And finally for the meantime, the Emmanuel Kyeremanteng Agyarko’s huge pillage of the Food and Drugs Board (FDB) funds case investigated by the Bureau of National Investigation (BNI).

Below, is Martin Amidu’s unedited press statement: On 16th January 2012, I led the most senior lawyers of the Civil Division of the Attorney-General’s Office, of which I was then the Attorney-General, to the High Court (Commercial Division) Accra to seek an adjournment to enable me argue an application for leave to amend by substituting an amended Writ and Statement of Claim for the Attorney-General’s amended Statement of Claim.

The High Court today granted the pursuant leave to amend the amended Writ and Statement of Claim and fixed 26th March 2012 for continuation. I have, however, been very disappointed by the level of legal representation of the Republic in Court.

In preparing the application for the amendment by substitution which was just granted, I had discussed issues of strategy with the Solicitor-General, two Chief State Attorneys, and the Senior State Attorney who had been handling this case with Mr. Samuel Nerquaye-Tetteh, the Chief State Attorney responsible for the case.

We were to apply to join two foreign registered companies who were the principals of Alfred Agbesi Woyome who themselves had no subsisting and enforceable contract with the Government of Ghana under the Constitution and laws of Ghana. Time is of the essence now otherwise the Republic would be perceived as unnecessarily delaying the case.

It is very important for the Republic of Ghana that these foreign parties are joined to the action now so that the Constitutional and contractual basis of the whole transaction with Alfred Agbesi Woyome and his alleged principals would be settled once and for all. How could Alfred Agbesi Woyome, for instance, as an agent be paid money pursuant to a transaction with his principals who are foreign companies without Parliamentary approval as required under Article 181(5) of the Constitution?

Indeed, the Alfred Agbesi Woyome and Austro Invest are fighting over the share of the GH¢51 million in another High Court. I had directed the Civil Division to join in contesting that action by raising Article 181(5) of the Constitution before I was relieved of my position. I do not know whether this has been done. The Republic could retrieve half of the GH¢51 million for the Republic from success in that suit alone.

What the public does not know is that in November 2011, the Solicitor-General, Mrs. Amma Gaisie, supported two memoranda written by the Senior State Attorney, Cecil Adadevoh, and the Chief State Attorney, Mr. Samuel Nerquaye-Tetteh, to me as Attorney-General to authorize the withdrawal of the pending case by the Republic in the Commercial High Court against Alfred Agbesi Woyome to enable the Republic pay a further over GH¢9 million to Alfred Agbesi Woyome in final settlement of interests in the case. I refused and ordered them to continue with the case in court.

The Solicitor-General and the Chief State Attorney, Mr. Nerquaye-Tetteh, continued to pursue me by memo to settle the interest as late as December 2011 but I refused.

The Daily Post newspaper and the other NDC newspapers condemned me for refusing to withdraw the case and pay the over GH¢9 million additional interests. See the Daily Post publication of 6th January 2012 calling for my removal from office. In the same publication it published the memorandum of the Senior State Attorney and the Solicitor-General urging me to withdraw the action for settlement of the interest only.

Mr. Nerquaye-Tetteh’s memoranda urging me to withdraw the case for settlement was the only ones not leaked to the Daily Post and its allies in the NDC press.

But the Republic of Ghana has an excellent case to have a declaration of nullity against the Writ and processes filed by Alfred Agbesi Woyome against the Republic of Ghana beginning 19th April 2010. The quality and commitment of legal representation for the Republic is very important for the success of the Republic in retrieving this gargantuan money in the face of the continued strong support from a politically immature and ignorant section of interest groups for the Government to overlook the loot.

Now is the time for every patriot to stand up and defend probity and accountability by being vigilant. Remember that some of our compatriots died at the firing squad accused of just using their positions to take meager bank loans. GH¢51 million paid without any basis in contract or other legal right should engage the attention of every patriotic citizen to ensure a proper conduct of the case and a refund of the money to the Republic.

I believe the Republic of Ghana has an excellent case for a refund! If you share my belief, then, join me as a citizen vigilante in this case.

DATED AT ACCRA THIS 29TH DAY OF FEBRUARY 2012 Martin Amidu