A three member panel of Supreme Court Judges chaired by Justice William Atuguba will on January 17, 2018 rule on an application by Mr Alfred Agbesi Woyome praying the court to reverse orders made by Single Judge Justice Ampah Benin.
Justice Benin who is solely presiding on the oral examination of the judgement debtor has ordered for the sale of his properties and also invited the land commission to come and testify on Woyome’s properties.
This his lawyers say violates the orders of Order 46 (1) which they say does not allow the judge to make such orders.
Lawyers for the businessman weeks ago filed a motion before the Supreme Court arguing that they’d initiated an action against government at the African Court on Human and Peoples Rights for which reason they wanted all processes currently before the Supreme Court to be put on hold.
Subsequently, Mr Woyome’s Lawyers filed another motion informing the court that they’d gotten an order from the African Court on Human and Peoples Rights directing that government holds on efforts aimed at retrieving the money from the businessman.
But the two motions were opposed by the Deputy Attorney General, Godfred Yeboah Dame who represented the AG’s department in the matter, arguing that as far as he’s concerned, the Supreme Court of Ghana is the highest court of the land and had ordered that the businessman repays the money to the State.
He noted that, that directive has not been complied with, adding that if the Supreme Court were to hold on because of an external body, it will amount to allowing that body to supersede its jurisdiction.
The five member panel unanimously dismissed the motions before it, describing it as lacking substance in both legal and factual basis.