Former Attorney General and Justice Minister Martin Amidu is heading for the Supreme Court today over his suit against his successor Benjamin Kumbuor who is now the Majority Leader, as well as Waterville Holdings (BVI) Limited, Austro- Invest Management Limited and business man Alfred Woyome.
The suit is Mr Amidu’s attempt to help the state retrieve GH¢51 million he believes was wrongfully paid to Alfred Agbesi Woyome. He is seeking a declaration that 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 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.
Mr. Amidu has explained that his action was purely based on public interest -pursuant to Articles 2 and 130 (1) and 181 of the 1992 Constitution and not a personal action for which the requirement of a “controversy” or “dispute” or “personal interest” is required to ground a cause of action.
He is therefore praying the court to make a declaration that the manner in which the AG paid sums of money in Euros to Waterville in purported pursuance of claims arising out of the said two agreements, each dated 26h April 2006, is inconsistent with and in contravention of the letter and spirit of the 1992 Constitution, “particularly Article 181(5) thereof and is each accordingly null, void, and without effect whatsoever”.
Mr. Amidu contested the AG’s decision to order the payment of claims demanded by Waterville and Austro- Invest premised upon a purported foreign or international financial engineering agreement arising out of the two agreements of 26th April 2006 and/or any other international Business Agreement with the Government of Ghana which were never laid before or approved by Parliament, saying that it was inconsistent with and in contravention of the letter and spirit of the Constitution, particularly Articles 181(3), (4), (5), and (6) of the 1992 Constitution thereof, and are accordingly null, void and without effect whatsoever.
He also sought from the court, an order directed at Mr. Woyome, Waterville and Austro- Invest to refund to the Republic of Ghana all sums of money paid to them severally or jointly upon or as a result of the unconstitutional conduct of the AG in purported pursuance of the two inoperative agreements of 26th April 2006 or “nay other unconstitutional agreement as having been made and received by them in violation of Article 181 of the Constitution”.
The former AG also took on the High Court which purportedly assumed jurisdiction in an action commenced by Mr. Woyome on 19th April 2010, in Suit No. RPC/152/10 against the State, claiming damages for breach of contract in an international business transaction contrary to Article 181 of the 1992 Constitution and entered judgment in default of defence against the AG.
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