The Executive Director, ASEPA, Mr. Mensah Thompson, has taken the ruling New Patriotic Party (NPP) to the cleaners and asked how many laws they intend ” to break to achieve this or what form of dire legal precedence are they going to set just to achieve this campaign promise?”
In a statement issued by ASEPA boss, he insisted that “…the Supreme Court deliberately erred in asking Woyome to refund the money paid him simplicity!
And once they erred, they have to continue a series of violations to cover up their “deliberate” injustice.”
He is also of the view that the Woyome saga has moved beyond national case to o personal case.
“But honestly a lot of legal experts will agree with me that this Woyome matter has moved from a National case to a personal case for the Supreme Court.
The Supreme Court seems to have an interest in this matter and that interest is their *INTEGRITY!*”
The Supreme Court has set June 27, 2019, to rule on the ownership of three properties that the State claims belong to the businessman.
The three properties under contention are two residential properties at Trasacco in Accra and a quarry located in the Eastern Region.
The State is seeking to retrieve the GH¢51.2 million judgment debt paid to the businessman, Mr. Alfred Agbesi Woyome, through the confiscation of these assets it claims belongs to him.
A team of State prosecutors, led by a Deputy Attorney-General (A-G), Mr Godfred Yeboah Dame, insists that the said properties belong to Mr. Woyome and, therefore, the State can sell them to offset the debt owed by the businessman, but two entities — the erstwhile UT Bank and Senator Holdings Company — are, respectively, claiming ownership of the residential properties and the quarry.
Read below his full statement
Mensah Thompson of ASEPA writes….
*The Supreme Court Woyome tussle, National Interest Action or mere Political Persecution?*
So the NPP government in opposition promised to retrieve the Woyome cash when voted into power and they are poised on doing just that…but the problem is to what end and how many laws are they going to break to achieve this or what form of dire legal precedence are they going to set just to achieve this campaign promise?
Believe you me this matter has now moved beyond *Woyome vs the State* to *”Every Ghanaian v the State”*
Yes, you heard me because Court rulings are law usually referred to as common law.
Once a legal precedent is set, it opens up space for another injustice to be done and the next victim may not be Mr.Woyome but you or me or a fellow Ghanaian.
I have maintained in principled that you cannot make a campaign promise out of a matter that is before the Court.
The same way you cannot discuss or make pronouncements on cases pending in Court, then in principle, you cannot stand on a campaign platform and make a pledge on a matter that rests solely on the Judgement of the Court.
The is vile prejudice!!!
But this is exactly what happened, now the President who made this prejudicial pledge appoints a Chief Justice who in turn impanels a sole judge to sit on the Woyome matter….
Do you see any fair trial in the offing? Cos I don’t see any…
But honestly, a lot of legal experts will agree with me that this Woyome matter has moved from a National case to a personal case for the Supreme Court.
The Supreme Court seems to have an interest in this matter and that interest is their *INTEGRITY!*
My position has always been clear, the Supreme Court deliberately erred in asking Woyome to refund the money paid him simplicity!
And once they erred, they have to continue a series of violations to cover up their “deliberate” injustice.
Lawyers of Mr.Woyome has always maintained that their client went to Court on a truncated procurement process in 2005 not the Waterville Contract in 2006.
The Supreme Court also held that the 2006 Waterville Contract was unconstitutional because it did not receive Parliamentary approval in accordance with Article 181(5).
(But whose fault was it to take the contract to Parliament for approval, Waterville?… Hell No!)
But Mr.Woyome says he is not part of that 2006 “unconstitutional” Waterville Contract, he only sued for the truncated procurement process in 2005 but the Supreme Court says No….you are linked to that Contract so refund the money because that Contract was unlawful…
Okay assuming Mr.Woyome was linked to the 2006 unconstitutional Waterville Contract(as asserted by the Supreme Court) and that is why they ruled for a refund, then what happens to the €25Million paid to Waterville as well based on the same unlawful contract?
If Woyome must refund the 51Million cedis paid him, and the State is willing to auction his properties to offset the judgment debt paid him, then what is the State doing to retrieve the €25Million cedis paid to Waterville???
So the Supreme Court is telling us that the same crime, one party can benefit from it but the other party can’t?
The basic principle of every law is equity in the application of the law!
And if we can’t enforce the laws of the land against a foreign Company why then are we persecuting a Ghanaian Citizen???
This is just one of several violations…
The most absurd violations of the rights of Mr. Woyome is the abrupt truncation of his right to appeal in the execution process brought against him by the State even though an African Court interim measure is pending.
Now if you look at our judicial system, every originating writ emanates from the lower Courts so that Parties can have rights of Appeal if unsatisfied with the ruling up to the Review Bench of the Supreme Court.
The law is clear, it is only election cases involving the President or Political Parties that originates and ends from the Supreme Court and has no appellate consequences.
So for execution processes as in the case of Mr.Woyome at the Supreme Court right now(which the State is seeking to enforce a judgment by selling off his assets)
The originating writ must start from the lower Court so that if unsatisfied Mr.Woyome can have the option of appeal at the Appeals Court, if unsatisfied he can proceed to the Supreme Court and to the Review Bench.
Now the Supreme Court, however, impanels a sole judge to sit on the matter of execution which is an originating writ at the Supreme Court thereby truncating the right of Mr.Woyome to appeal if unsatisfied with the decision of the Sole Judge.
This is a clear breach of the fundamental rights of Mr.Woyome to appeal, Mind you, the Right to Appeal is as fundamental as the right to sue, the Right to be heard and it is also one of the important ingredients of a *fair trial…*
Certainly, the Supreme Court is making more and more mockery of itself with its recent decisions especially on this Woyome matter…the more the Supreme Court personalizes this trial the more they make a mockery of our judicial system.
It is important that as Ghanaians we speak and do not allow the Supreme Court to set any vile precedence that can set the stage for more and more human rights violations in the future.
Probably not my rights or Mr. Woyome’s but your mother’s, father’s, uncle’s or brother’s
Time to rise and defend the Constitution of Ghana is now…. *Aluta Continua!!!*✊🏾
Mensah Thompson Executive Director, ASEPA
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