ALFRED AGBESI WOYOME v. THE ATTORNEY GENERAL
March 8, 2018
COURT OF APPEAL
GHANA
CORAM
- V. D. OFOE, J. A. (PRESIDING)
- S. DZAMEFE, J. A.
- M. M. AGYEMANG (MRS). J. A
Areas of Law
- Administrative Law
- Constitutional Law
- Civil Procedure
March 8, 2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Mabel M. Agyemang JA with concurrences by Victor Ofoe JA and Senyo Dzamefe JA, allowed Alfred Agbesi Woyomes appeal from adverse findings made by the sole Commission of Inquiry (C.I. 79) into judgment-debt payments. The Commission, led by Justice Yaw Appau, had labeled the GH451.28 million paid to Woyome as inordinate and fraudulent, relying on documents from EOCO, the High Court, and the parties while declining to invite Woyome to testify due to pending litigation. Analyzing Article 23 and C.I. 65 Rule 8, the Court held that the Commissions deviation under Rule 20 did not justify dispensing with a fair hearing when attributing misconduct. The Court rejected a preliminary timeliness objection, set aside the adverse findings, and ordered expungement from the Report and Government White Paper, but refused requests to purge internet references and to award solicitors fees. No costs were ordered.
AGYEMANG JA:
On the 8th day of October 2012 the President of the Republic of Ghana in the exercise of his power under Article 278 (1) (a) of the 1992 Constitution of the Republic, set up per a Constitutional Instrument CI 79, the Commission of Inquiry Into Payments From Public Funds Arising From Judgment Debts And Akin Matters. Justice Yaw Appau JA (as he then was) was appointed its Sole Commissioner.
The terms of reference of the Commission were:
a) To ascertain the causes of any inordinate payments made from public funds in satisfaction of judgment debts since the 1992 Constitution came into force;
b) To ascertain the causes of any inordinate payments from public funds and financial losses arising from arbitration awards, negotiated settlements and akin processes since the 1992 Constitution came into force, and
c) To make recommendations to the Government for ensuring that as far as practicable
i. The instances where public funds are utilised to make payments in satisfaction of judgment debts and public debts arising from akin processes are limited or avoided;
ii. Government does not incur undue financial losses when it does business with private persons or institutions.
Article 280(1) of the 1992 Constitution required the Commission to:
“(a) Make a full, faithful, and impartial inquiry into any matter specified in the instrument of appointment;
(b) Report in writing the result of the inquiry; and
(c) Furnish in the report the reasons leading to the conclusions stated in the report.”
The Commission concluded its work on 20th May 2015 and its report was submitted to the President on the 21st of May 2015. On the 18th of November 2015, the Government published the Commission’s report together with a White Paper thereon.
The Commission, according to its report, “delved into twenty-five (25) selected cases of judgment debts (including arbitration and negotiated settlement awards) that the State had to pay to individuals/companies/institutions…”
One such case involved a judgment debt paid by the State to one Alfred Agbesi Woyome (the appellant herein) who brought suit against the Attorney General on the 19th of April 2010. In that suit, the plaintiff by his writ of summons and statement of claim, sought the following:
i. An order for the immediate payment of the sum of GH¢41,811,480,59 being financial engineering costs owed plaintiff by the Government of Ghana;
ii. An order for payment of interest on the said sum from September 2006 till date o