Mr Martin A.B.K. Amidu, Attorney General (AG) and Minister of Justice on Monday prayed the Commercial Court, a division of the High Court to grant them leave to amend an earlier writ brought by the AG against Mr Alfred Agbesi Woyome, an NDC Financier.
The application according to the AG is as a result of new information that has come to its attention, which requires that it amends further the amended writ of summons and the statement of claim filed on August 18, 2010.
Mr Amidu asked the court to adjourn the matter and pleaded to allow more time to study the matter.
The case was adjourned to February 14, 2012.
Mr Robertson Kpatsa, Counsel for Mr Woyome said even though they were not opposed to the AG’s writ, they were made to believe at the last sitting of the court that the AG intended to move the motion on Monday, January 16, 2012.
He prayed the court to award cost against the AG for unduly delaying the case against his client Mr Woyome.
Mrs Justice Barbara Ackah-Ayensu, the trial judge declined to award cost against the AG and indicated in her submission that the request was incorrect because the delay was not at the instance of the AG.
She explained that the case was delayed because both parties had informed the court that they had decided to settle the matter out of court.
In an affidavit in support of the motion and avered by the AG stated that the amendment had become necessary because it had come to its attention that Mr Woyome lacked the legal capacity to maintain his claim against the AG who was then the defendant in the suit because there was no contract between Mr Woyome and the Government of Ghana upon which he could have maintained any cause of action in the suit.
He said the defendant (Woyome) lacked the locus standi to initiate the said suit because all the processes, proceedings and judgment in that action was a nullity and void and consequently the consent judgment was filed in the registry of the court on June 4, 2010 which sought to compromise the judgment was also void and of no effect.
It said the AG had discovered that there was no Parliamentary approval for the international procurement process and or any ensuring contracts which invalidated the entire transaction and Woyome’s claim and any subsequent dealings, agreements and settlements.
He said the subsequent settlement in the light of the letter dated May 4, 2005 by the then Deputy Minister of Finance and Economic Planning, Mr Kwaku Agyemang Manu and in the absence of a written contract and approval by Parliament was procured by fraud.