Supreme Court cannot ‘disobey’ African Court - Woyome

Businessman Alfred Agbesi Woyome says the Supreme Court cannot 'disobey' the ruling of the African court for Human and People's Right.

The Supreme Court of Ghana on Tuesday ignored an order made by the African Court for Human and People's Rights to halt efforts to retrieve 51.2million cedis wrongfully paid to Alfred Agbesi Woyome.

Lawyers for Woyome on Tuesday presented the order to the Supreme Court asking that all proceedings relating to the repayment of the money be suspended.

But the apex court said the African court does not have jurisdiction over its constitutional mandate.

A statement issued and signed by his aid, Reginald Seth Dogbey, said: "Article 40, article 75, and Article 88 and the various parliamentary ratifications of the African Charter compel the above personalities representing the State of Ghana to obey the orders of the African Court of Human & People’s Rights. There is no way they can disobey the orders as it will be a violation of the constitution and the laws of Ghana.

In addition, "the Supreme Court of Ghana is an independent institution protected by the constitution of Ghana. This is not the first time the Supreme Court has ruled and international courts have overturned them. The government of Ghana is compelled to comply with the rulings of the international courts according to their international obligations".

In addition, Woyome also expressed worry over what he describes as "misleading reportage’’ by the media on the Supreme Court ruling on Tuesday, November 28, 2017.

"we are shocked again by media reportage today that the orders of the African Court of Human & People’s Rights have been dismissed....the comments they made about the African Court’s Interim Measures was that it was not directed at them (Supreme Court), but rather it was directed at the Attorney General and the government of Ghana, and that our lawyers and the African Court must notify them officially.’’



Below is the full statement

Reactions from the office of Alfred Agbesi Woyome on the misleading reportage by some sections of the media on the supreme court ruling on Tuesday, 28th November, 2017.

We are shocked again by media reportage today that the orders of the African Court of Human & People’s Rights have been dismissed.

As we stated in our statement yesterday, the matter before the Supreme Court of Ghana was purely on Article 40 and Article 75 and a plea on them to stay all proceedings in the execution of the judgement involving: Martin Alamisi Amidu } Plaintiff vrs 1. Attorney General } 1st Defendant 2. Watervile Holdings (BVI) Limited } 2nd Defendant 3. Alfred Agbesi Woyome } 3rd Defendant The ruling was slated for today, Tuesday, 28th November 2017.

The Interim Measures of the African Court of Human & People’s Rights was issued yesterday (Monday, 27th November) dated 24th November, 2017 and our lawyers thought it wise to bring it to the notice of the court before the ruling today on the stay of execution.

The Interim Measures of the African Court on Human & People’s Rights was not before them and couldn’t have come before them as a matter of constitutional dictates. The main application before the Supreme Court for stay of execution was dismissed by them today; and the ruling on it is available at the registry of the Supreme Court for anyone to read.

The comments they made about the African Court’s Interim Measures was that it was not directed at them (Supreme Court), but rather it was directed at the Attorney General and the government of Ghana, and that our lawyers and the African Court must notify them officially.

It is on record that Ms. Gloria Afua Akuffo, the Attorney General; Mr. Godfred Yeboah Odame, the Deputy Attorney General; and Ms. Dorothy Afriyie-Ansah, Chief State Attorney have been notified directly by the Registry of the African Court.

The African Court has directed Ghana, represented by the above persons to report to the African Court on Human & People’s Rights within 15 days, steps they have taken in respect of the interim measures.

Article 40, article 75, and Article 88 and the various parliamentary ratifications of the African Charter compel the above personalities representing the State of Ghana to obey the orders of the African Court of Human & People’s Rights.

There is no way they can disobey the orders as it will be a violation of the constitution and the laws of Ghana.

The Supreme Court of Ghana is an independent institution protected by the constitution of Ghana. This is not the first time the Supreme Court has ruled and international courts have overturned them.

The government of Ghana is compelled to comply with the rulings of the international courts according to their international obligations. The recent example are the Bulkan Energy case, Bankswitch, etc.

The Deputy Attorney General, Godfred Yeboah Odame and co. would rather have to prepare to go before the African Court on Human & People’s Rights when a date is given to defend their written submissions before the Court.

Signed

Reginald Seth Dogbey