Saga Of Woyome’s ‘First Claim’ On Govt.

*The Untold Story of How Mill’s Friend First Claimed He was Owed Euro 6m While Insisting Waterville’s Euro 33m Claim Was ‘Grossly Exaggerated! *And How Both Woyome &Waterville Patched Their Differences And Both Made Claims On Ghana

SOURCE: NEW CRUSADING GUIDE

Mr. Alfred Agbesi Woyome on August 18, 2009 wrote a letter to the Minister of Youth and Sports, Mr. Rashid Pelpuo, challenging a 33 million Euro claim that Waterville had made on the Government of Ghana, contending that “the demand by Waterville BVI is grossly exaggerated”.

He also asserted that M-Powapak, Austro Invest Limited and he, Alfred Woyome were interested parties in the claim Waterville BVI was making.

The letter which was copied to the Secretary to the President, Mr. Bebaako-Mensah, Attorney-General and Minister of Justice, Betty Mould-Iddrisu, Minister of Finance and Economic Planning, Dr. Kwabena Duffour among others, claimed that Waterville BVI had already “received some compensation from Micheletti and company and from Consar (the main contractor for the Kumasi Stadium). Austro Invest also received some form of compensation from Waterville BVI”. (Please see page 2 for the full text of Mr. Woyome’s August 18, 2009 letter and another dated January 11, 2010 which was addressed to the Attorney-General).

Mr. Woyome insisted that the claim by Waterville BVI should have been a joint claim by M-Powapak, Alfred Woyome, and Austro Invest, adding that “the quantum of Waterville BVI’s demand is far above what should have been the legitimate claim”.

“M-POWAPAK, AUSTRO INVEST, ALEXANDRA VAN CLEEF (AUSTRO INVEST REPRESENTATIVE IN THE UNITED STATES) AND ALFRED WOYOME’S LEGITIMATE CLAIM UNDER THIS CIRCUMSTANCE IS EURO 6 MILLION WHILE WATERVILLE’S CLAIM SHOULD HAVE BEEN ABOUT EURO 5 MILLION WITHOUT INTEREST, CHARGES AND DAMAGES”, emphasised Mr. Woyome in his August 18, 2009 letter to the Minister of Youth and Sports.

“I USE THIS OPPORTUNITY TO FORMALLY DEMAND ON MY OWN BEHALF AND ON BEHALF OF AUSTRO INVEST, M-PAWAPAK, AND ALEXANDRA VAN-CLEEF; THE SUM OF EURO 6 MILLION IN LIEU OF THE CAN 2008 STADIA CONSTRUCTION BID THAT WAS CANCELLED BY THE CABINET OF THE GOVERNMENT OF GHANA ILLEGALLY WHEN IT WAS CLEAR THAT MY CONSORTIUM HAS WON AND HAS STARTED ACTUAL CONSTRUCTION OF SOME OF THE PROJECTS AND ALSO FULLY IN THE MIDDLE OF FULL MOBILIZATION TO MOVE TO OTHER SITES”, articulated Woyome.

Mr. Woyome then requested that the negotiation between the Attorney-General’s Department and Waterville be terminated to enable him (Woyome) “put forward the chronological evidence, carefully documented” for Government’s information and necessary action. Woyome recalled that Waterville BVI led the consortium that won the contract and demolished parts of the Accra Sports Stadium upon a written instruction to Waterville BVI from the then Minister of Education and Sports.

He said after the Kufuor Administration had “abruptly cancelled the bid illegally through a Cabinet decision citing high cost which decision I challenged, by writing to all stakeholders including the National Procurement Authority, Waterville BVI through my help then formed Micheletti Company Limited to handle the construction of the Accra Sports Stadium”.

The Attorney General and Minister of Justice, Betty Mould-Iddrisu subsequently in a letter dated August 28, 2009, drew the attention of Waterville BVI to the claim of Mr. Woyome of M-Powapak against the claims of Waterville BVI which were then being discussed for settlement.

Waterville BVI, in a response dated November 20, 2009 through its Solicitors, Tetteh and Company, wrote to the Attorney-General to the effect that “the stadia contracts were contracted between Waterville and the Government of Ghana (GoG); neither Powapak nor Woyome was a party. It is therefore wrongful for Mr. Woyome or Powapak to make a claim in a contract of which neither is a party”. (See The New Crusading GUIDE, December 29, 2011 for the full text of that letter).

Waterville’s Solicitors intimated that Waterville did engage M-Powapak to provide Waterville with financial engineering services but the relationship was terminated by a Termination Agreement dated 25th November, 2006.

“POWAPAK’S CLAIMS AGAINST WATERVILLE WERE FULLY SETTLED AND ACKNOWLEDGED IN THE AGREEMENT. THEREFORE NEITHER POWAPAK NOR WOYOME HAS ANY CLAIM AGAINST WATERVILLE. A COPY OF THE SETTLEMENT AGREEMENT WITH POWAPAK IS ANNEXED”, Tetteh and Company indicated to the Attorney-General on behalf of their clients, Waterville BVI.

Tetteh and Company’s November 20, 2009 letter to the Attorney-General was also copied to the Minister of Youth and Sports, Rashid Pelpuo, Minister of Finance and Economic Planning, Dr. Kwabena Duffour, the Secretary to the President, Mr. J.K. Bebaako-Mensah and Mr. Alfred Agbesi Woyome.

Waterville BVI’s position then was that Woyome’s allegation that Waterville’s claim was illegitimate clearly betrayed his (Woyome’s) limited knowledge and involvement in the construction works, and importantly his motive to discredit the legitimate claim of Waterville to payment for pre-financed works.

“Mr. Woyome’s emergence in the matter is belated and with no locus standi. The purported discredit of Waterville’s claim betrays a motive to settle scores for matters unconnected with current negotiation”, argued Waterville BVI through their Solicitors, Tetteh and Company.

In another development, The New Crusading GUIDE’s sources at the Attorney-General’s Department have also provided us with a letter dated January 11, 2010 which Mr. Woyome wrote to the Attorney-General, in direct reaction to the November 20, 2009 response from Tetteh and Company on behalf of their clients, Waterville BVI.

“It seems that the attorney (Kwami Tetteh) does not know nor understand fully what all these entail. His facts are wrong and this might be due to insufficient/incomplete or misleading information given to him by his client. Mr. S. Kwami Tetteh would be shocked and surprised when we finally sit to examine all facts and evidence. The CAN 2008 project was conceived and mainly brought to its conclusion by me, M-Powapak (of which I am alternate director) and Austro Invest”, Woyome boasted.

Mr. Woyome claimed that the conception and execution of the CAN 2008 project “begun with VA-Tech of Austria as contractors and later VAMED Engineering, Austria (which M-Powapak represented) took over and spearheaded the project”.

“Waterville was brought on-board through Mr. Ernesto Taricone who approached me through the consultants; Building Industry Consultants (the supervisory consultants to the CAN 2008 stadia construction). Waterville BVI was in existence before I was contacted but I helped to form Waterville Austria and later helped to mould Micheletti Company Limited. Consar Limited was also introduced to the project by me when BIC introduced the owner to me”, Woyome underscored.

He pointed out that in his letter of August 18, 2009 he did not state that Waterville owed him but “rather disputed the claim of Waterville on Government and introduced my claim which should have been part (joint) of Waterville’s Claim on Government”.

“A lot happened and I am the only person having all documents on the project carefully kept by me with the exception of certain documents between the Chinese construction firm and the then Government relating to the Tamale and Essipong stadia which have been priced more than two times the original cost notwithstanding the manner these stadia were financed instead of the available soft finance provided by my group and approved by the IMF and the World Bank through due processes”, claimed Mr. Woyome.

He argued that Mr. Kwame Tetteh should be made aware that he (Woyome) “was deliberately sidelined, made to lose lots of money and even arrested wrongfully two times; first, that I was dealing in the small arms and dozens of uniformed police men forcibly entered the Supreme Court premises to effect my arrest and secondly, just when I returned from Libya to arrange for the support of Ghana’s bid in Cairo for the CAN 2008, I was invited to answer questions on the allegation of planning a coup”.

“Madam, I propose a round table meeting of all parties to prove and justify all claims to bring this matter to a speedy conclusion. The consultants, Building Industry Consultants (BIC), Rex Danquah of the CAN 2008 LOC, the Ministry of Youth and Sports and the Legal Department of the Ministry of Finance should also be invited”, Woyome advised.

His (Woyome’s) letter (January 11, 2010) was also copied to Minister of Youth and Sports, Rashid Pelpuo, Secretary to the President, J.K. Bebaako-Mensah, Minister of Finance and Economic Planning, Dr. Kwabena Duffour, Building Industry Consultants (BIC), M-Powapak, Tetteh and Company, and Solicitors of Alfred Agbesi Woyome, Alexandra Van Cleef.

This paper has also sighted correspondence to the effect that on January 26, 2010, a Chief State Attorney at the Attorney-General’s Department on behalf of the Attorney-General, wrote to the Minister of Youth and Sports, and copied to the Minister of Finance and Economic Planning (Attn Mr. Paul Asimenu, Director/Legal), Mr. Andrea Orlandi of Waterville Holdings, Mr. Woyome of M-Powapak Limited, the Local Organizing Committee (LOC) of CAN2008 Soccer Tournament (Attn Mr. Rex Danquah) and the Building Industry Consultants (Attn Mr. Albert Asamoah); inviting “all interested parties to a meeting on Wednesday 3rd February, 2010 at 2pm at the Attorney-General’s Office”.

Mr. Nerquaye-Tetteh recalled that there had been “conflicting claims between Waterville Holdings and Alfred Agbesi Woyome of M-Powapak Limited regarding payments due to either party”, and expressed the hope that “this meeting will be able to resolve all issues regarding the matter to enable the Attorney-General advise conclusively on it”.

Interestingly, the tug of war over claims by Waterville and Woyome assumed a new dimension when Woyome, in a letter to the Attorney-General and Minister of Justice dated April 20, 2010 which was also copied to Mr. Woyome, made a dramatic U-turn, and virtually endorsed the latter’s Claim on the Government of Ghana.

“Further to Mr. Woyome’s letter to us dated 19th April, 2010 by which he requested confirmation to your office about the financial structuring aspects as part of the project for the construction and rehabilitation of stadia in Ghana for CAN 2008, as per documentation, Waterville entered into a non-disclosure agreement with M-Powapak by exchange of letters dated 1st July 2005 and 6th July 2005, M-Powapak was the local representative in Ghana for VAMED ENGINEERING – Austria. Waterville and M-Powapak worked together with Mr. Alfred Woyome when VAMED ENGINEERING transferred their right for the projects in Ghana, as per their letter dated 1st July 2005, to Waterville that replied same day”, indicated Waterville’s April 20, 2010 letter to the Attorney-General.

The letter further disclosed that Waterville then, together with Mr. Woyome, set up offices in Wien – Austria and Washington DC – USA, in addition to the existing offices in Italy and Switzerland.

“THE CLAIM FOR MR. WOYOME TO THE GOVERNMENT OF GHANA IS IN RESPECT OF FINANCIAL ENGINEERING PURPOSELY STRUCTURED FOR CAN 2008 WHILE OUR CLAIM TO THE GOVERNMENT OF GHANA IS IN RESPECT OF THE WORK DONE AT SITE AND OTHER COSTS SUSTAINED FOR A TOTAL AMOUNT OF EURO 21,880,256.59 AS PAR OUR LETTER DATED 16TH APRIL 2010”, stated Waterville.

Our sources at the AG’s Department have intimated that once the tug of war between Woyome and Waterville was over, the way was cleared for the Attorney-General to assume that Woyome and his associates, M-Powapak and Austro Invest had locus standi in the pursuit of the CAN 2008 claims then being made on the Government of Ghana.

The same sources however expressed surprise that some persons at the Attorney-Generals office and the Legal Department of the Ministry of Finance and Economic Planning, blatantly ignored the earlier points articulated by Tetteh and Company, particularly the contents of the Termination Agreement of November 25, 2006 and the December 19, 2005 Financial Engineering Services Agreement between M-Powapak and Waterville BVI.

The same sources also expressed disgust that no premium was placed on Mr. Kwadwo Mpiani’s October 24, 2008 letter to Waterville in which the former Chief of Staff, had clearly indicated to Waterville that all payments due them (Waterville) had been effected as part of the overall payments made to Micheletti and Company and Consar Limited, and per an agreement between Government and Waterville, the two sub-contractors, Micheletti and Company and Consar were to reimburse Waterville for the work done before the termination of their April 26, 2006 contract with the Government of Ghana.

“The situation was made even worst when our supervisors failed to contact members of the former Government such as Agyeman Manu, Kwadwo Mpiani, Osafo Maafo among others, to verify the claims of both Woyome and Waterville as part of settlement discussions. It was unpardonable and wilfully negligent”, quipped our sources. Please stay tuned…