Below is the full text of an affidavit filed by
the Attorney-General and Minister for Justice, Marietta Brew Appiah-Oppong in
opposition to Martin Amidu’s application to orally examine Alfred Agbesi
Woyome.In July 2014, Martin Amidu won a supreme court case in which he
prayed to the court to compel Woyome to refund 51.2 million cedis fraudulently
paid to him as judgment debt. His recent application to orally examine Woyome
was granted today (16th November).
Before the ruling today, the
Attorney-General, who had filed to examine Woyome but discontinued the case,
opposed Martin Amidu’s application. Find below her affidavit.
IN
THE SUPERIOR COURT OF JUDICATURE
IN THE SUPREME COURT OF
JUSTICE
ACCRA – AD 2016
SUIT NO:
J8/9/2017
MARTIN ALAMISI AMIDU –
PLAINTIFF/APPLICANT
PLOT 355, NORTH
LEGON
RESIDENTIAL AREA,
ACCRA
AND
THE ATTORNEY-GENERAL –
1ST DEFENDANT/RESPONDENT MINISTRY OF
JUSTICE
ACCRA
WATERVILLE
HOLDINGS (BVI) LTD. – 2ND DEFENDANT O. BOX 3444 ROAD
TOWN
TORTOLA
ALFRED AGBESI
WOYOME – 3RD DEFENDANT/RESPONDENT/ HOUSE NO 16B
JUDGMENT/DEBTOR
6TH STREET TESANO –
ACCRA
AFFIDAVIT OF MARIETTA BREW APPIAH-OPONG IN
OPPOSITION TO PLAINTIFF/APPLICANT’S AFFIDAVIT
I, MARIETTA BREW
APPIAH-OPONG of the Attorney General’s Department, Ministries-Accra do make oath
and say as follows:
That I am the Attorney-General and Minister for
Justice and the deponent hereto. I have held this position since the 14th of
February 2013.
That I have been served with the Motion on Notice for
Leave to Examine the 3rd Defendant/Respondent/Judgment Debtor (hereinafter
referred to as “the 3rd Defendant”) and the Affidavit in Support filed on 4th
November 2016 and oppose same.
That paragraphs 2 and 3 of the affidavit
in support of the application are admitted.
That paragraphs 5 to 7 of the
affidavit in support are denied and the Plaintiff will be put to strict proof.
The 1st Defendant/Judgment Creditor, prior to the application for leave to
examine the 3rd Respondent, had taken several steps to enforce the orders of the
Court.
That on 8th January 2015 1st Defendant/Judgment Creditor filed a
Writ of Fifa (renewed on 16th January 2016) and attached the following
properties of the 3rd Respondent in execution of judgment (the Writ of Fifa is
attached and marked as Exhibits “AG1” and “AG1A“).
One residential
property at Tesano House No 16B, 6th Street Tesano
One residential
property at Kpehe
Two residential properties at Trassaco, Accra
A
quarry at Maafi, Volta Region
Vehicles and equipment
That
Interpleaders have been filed by UT Bank in respect of the two residential
properties situate at Trassaco and one residential property situate at Kpehe,
while Anator Holding Company Limited has also filed an interpleader in respect
of the quarry at Maafi in the Volta Region.
(Copies of the claims are
attached and marked as Exhibit “AG2” Series) On the 6th of April, 2016 the 1st
Defendant/Respondent initiated Garnishee proceedings to issue against the
Managers of ADB Bank, Uni Bank (Ghana) Limited and UT Bank (Garnishee Nisi Order
is attached and marked as Exhibit “AG3”).
That the garnishee yielded the
following amounts; GHS966.58, GHS29,515.95, GHS1,008.70, US$98.17, US$32,779.68,
US$223.08 and Euros 1,226.72, which have since been paid into the Bank Account
of 1st Defendant/Respondent at the Bank of Ghana. (Copies of evidence of monies
into the Ministry of Justice Account are attached and marked as Exhibit “AG4”
Series)
That I do not admit paragraph 8 of the affidavit in support of
the application and will put the Plaintiff/Applicant to strict
proof.
That paragraph 10 of the affidavit in support is denied and
Plaintiff/Applicant will be put to strict proof. Neither I nor my former law
firm ever acted for the 3rd My former law firm always acted against the 3rd
Defendant and never on his behalf. The depositions contained in paragraph 10 of
the affidavit of Plaintiff/Applicant are scandalous, offensive, malicious and
deliberate falsehood by the Plaintiff/Applicant.
To the knowledge of the
Plaintiff, neither myself nor any member of my former firm had ever acted for
and on behalf of the 3rd Defendant in any capacity or in any suit. In all, my
former firm acted in three suits involving 3rd Defendant. The suits are as
follows:
AUSTRO-INVEST MANAGEMENT LTD VERSUS ALFRED AGBESI WOYOME – SUIT
NO. AC96/2012 – Represented the Plaintiff
ALFRED AGBESI WOYOME VERSUS
RAYMOND ARCHER – SUIT NO. MISC/32/2011 – Represented the Defendant
RAY
SMITH VERSUS ALFRED AGBESI WOYOME – SUIT NO. AC527/2011 – Represented the
Plaintiff
That in all the cases referred to in the paragraph above my
former partner in the law firm personally handled the cases against 3rd In
further denial of paragraph 10 of the affidavit in support I say that the staff
at the Attorney-General’s Department and I have at all material times acted
professionally and with dispatch in relation to this case.
That paragraph
11 of the affidavit in support is admitted. In further response, I state that
the staff of the Attorney General’s Department at all material times acted upon
the instructions of the 1st Defendant/Judgment Creditor, the Attorney-
General.
That paragraphs 12 and 13 of the affidavit in support are denied
and the Plaintiff/Applicant is put to strict proof. The depositions contained
therein are scandalous, offensive, malicious and deliberate falsehood by the
Plaintiff/Applicant. Furthermore, the President never suggested, directed or
instructed me to discontinue the request of this office to orally examine the
judgment debtor.
That in further response to paragraphs 12 and 13 I state
that the only reason this office has discontinued its request to orally examine
the 3rd Defendant is because of a request made by the 3rd Defendant to pay the
judgment debt by instalments. Please find attached and marked as Exhibit “AG5” a
letter dated the 27th of October 2016.
That in response to paragraph 14 I
state that the position stated by the Plaintiff/Applicant is not the correct
position of law.
That on the 7th day of November 2016, at my request, a
meeting was held in my office with the 3rd Defendant in the presence of staff of
my office to discuss the schedule of payments. The invitation to the 3rd
Defendant is attached and marked as Exhibit “AG6”.
That this meeting was
attended by the 3rd Defendant and his Lawyer, Mr. Ken Anku, the Acting Solicitor
General, Mrs. Helen Ziwu and the Acting Director of the Environment, Land and
Natural Resources Division, Mrs. Dorothy Afriyie Ansah. At this meeting the 3rd
Respondent made a payment of Four Million Ghana Cedis (GHC4,000,000.00).
Attached and marked as Exhibits “AG7” and “AG7A” are photocopies of the cheque
issued by the 3rd Defendant and the receipt issued to him,
respectively.
That on the 8th of November, 2016 the 1st
Defendant/Judgment Creditor, received a letter from the 3rd Defendant proposing
to pay the outstanding sum by quarterly instalments of Five Million Ghana Cedis
(GHC5,000,000.00) commencing 1st April 2017. Attached and marked as Exhibit
“AG8” is the letter.
That in response to paragraphs 15, 17 and 18, I
state that it is arguable whether or not the Plaintiff/Applicant has a right to
examine the 3rd The order to enforce the Judgment was directed at the 1st
Defendant and not the Plaintiff/Applicant. Even if the Plaintiff/Applicant did
have this right, the facts relied on by the Plaintiff/Applicant to found this
application are scandalous, offensive, malicious and deliberate falsehood and
cannot be the basis for the grant of his application.
That I deny
paragraph 16 and, in further response, I state that it is scandalous, offensive,
malicious and deliberate falsehood by the Plaintiff/Applicant to state that
there is collusion between the 3rd Defendant/Respondent/Judgment Debtor and I to
frustrate the execution of the judgment debt. It is also scandalous, offensive,
malicious and deliberate falsehood by Plaintiff/Applicant to state that in
pursuing the enforcement of the judgment debt, my conduct has been “biased and a
conflicted partisan politician”.
In response to paragraph 19, I admit
that a report by the Economic and Organised Crime Office stated that Mrs. Gifty
Nerquaye Tetteh, wife of Mr. Samuel Nerquaye Tetteh had received a sum of
GHC400,000.00 from the 3rd However, it is scandalous, offensive, malicious and
deliberate falsehood by the Plaintiff/Applicant to state that this report has
been conveniently shelved and the said Mr. Samuel Nerquaye Tetteh quietly posted
to Wa in the Upper West Region. On the 11th day of December 2015 a Disciplinary
Committee chaired by Justice Mrs. Rose Owusu (a retired Supreme Court Judge) was
inaugurated by the Legal Service Board in accordance with the Legal Service
Regulations, 2014 (L.I. 2210) to conduct a disciplinary enquiry into the matter
involving Mr. Samuel Nerquaye Tetteh among other matters referred to the
Committee.
Attached and marked as Exhibit “AG9” is the situational report
of the Committee. The Committee has concluded its enquiry on the 3rd of October
2016 and will submit a report soon. The Office of the Attorney-General will make
the findings of the Committee public as soon as it is received.
That the
Plaintiff/Applicant ought to know that any deliberate deception of this
Honourable Court on the part of a lawyer is professional misconduct by the rules
of the Legal Profession. Furthermore, the Plaintiff/Applicant contrary to the
Rules of Court deposes to the scandalous, offensive, malicious and deliberate
falsehood without providing the sources of his information or belief.
At
the hearing of the Plaintiff/Applicant’s application I shall apply to the court
to have these offending matters struck out of the Plaintiff/Applicant’s
affidavit, and that he should be ordered to apologise for making these false
allegations.
That I assure this Honourable Court that the staff of the
Attorney-General’s Department and I have every intention of taking all steps
necessary to recover sums adjudged to be repaid to the State and to defend the
State in respect of all spurious claims made against the State. Wherefore I
swear to this affidavit.
SWORN IN ACCRA
………………………
THIS ………… NOVEMBER, 2016
DEPONENT
BEFORE ME
COMMISSIONER
OF OATHS
THE REGISTRAR
SUPREME
COURT
SUPREME COURT
BUILDING
ACCRA
AND FOR SERVICE
ON THE ABOVE-NAMED PLAINTIFF/APPLICANT, HON. MARTIN ALAMISI AMIDU, PLOT 355,
NORTH LEGON, RESIDENTIAL AREA, ACCRA
AND MR. ALFRED
AGBESI WOYOME, DEFENDANT/RESPONDENT/JUDGMENT DEBTOR, HOUSE NO 16B, 6TH STREET
TESANO – ACCRA OR HIS SOLICITOR, KEN ANKU, ANKU & ANKU @ LAW, H/NO. F149/2
AWULEKPAKPA STREET, NEAR RLG, OSU, ACCRA |
