The Supreme Court by a unanimous decision, on Wednesday dismissed an application by Mr Alfred Agbesi Woyome, seeking to stop an earlier ruling of the apex court for him to appear for an oral examination on his assets by the State.
Mr Woyome, filed the application at the Court seeking to reverse the single judge’s order on June 8 and July 24, 2017.
The Sole Judge, Justice Alfred Anthony Benin on June 8, gave an order for the judgment debtor to be orally examined, and also on July 24 gave another order subpoenaing the head of the Lands Commission to appear before it.
A three member review panel of the Court presided over by Justice William Atuguba, in its short ruling unanimously dismissed the application.
He is therefore to appear before the sole judge to continue with the oral examination.
At the last sitting, counsel for Mr Woyome, Mr Osafo Boabeng, in moving the application said the order is a garnishee order that is to allow the judgment debtor to come and tell the court, speak to the facts as to what he has and plans in paying the judgment debt.
He said the Sole Judge, Justice Benin gave an order asking his properties to be sold and that is not done under the garnishee order rule to ask that the judgment debtor’s property be sold.
He said that the judge again went beyond his jurisdiction, especially by involving the Lands Commission in the garnishee order.
However, Deputy Attorney General, Mr Godfred Yeboah Dame opposed the application saying no rule whatsoever has been breached in making the orders.
Mr Woyome has filed a number of legal proceedings in court, with this application being the seventh since the start of the legal battle to determine his ability to pay the debt owed to the state.
All his legal attempts have proved futile as the court keep dismissing his applications for various reasons.
The court on October 21, dismissed an earlier application filed by Mr Woyome, to halt the valuation of his property by the State as part of efforts to retrieve the money, the court at the time was empanelled by a single judge.
Mr. Woyome is praying the court to put on hold all processes to reclaim the money from him until a determination of another related case being heard at the African Court on Human and Peoples’ Rights.
The Attorney -General was expected to continue with the oral examination on how, Woyome intends to re-pay the amount.
Ghana News Agency legal news bulletin indicates that previously, the Counsel for Mr Woyome, Mr Osafo Boabeng, had filed an application arguing that the writ of execution that the Attorney General (AG) used for the valuation was illegal.
He argued that the AG failed to seek consent from the apex court to renew the writ of execution and, therefore, any action based on that writ was a nullity.
The court, presided over by, Justice Alfred Anthony Benin, on October 20, dismissed the application saying the AG did nothing wrong because the writ of execution had not expired and was effective.
He said the first writ of execution which was filed on January 9, 2015 was still in effect when the AG filed for another one on January 6, 2016 and, therefore, the issue of renewal did not arise.
The court subsequently, adjourned the matter to October 30, for continuation of the oral examination of Mr Woyome by the AG.
On October 30, Lawyers for Woyome, told the court that he was still ill and unable to attend court.
Mr Buabeng presented yet another excuse duty document to the single Justice handling the case in his chambers to support the request of his client to be given more time to make himself available for his oral examination to continue.