Lawyer to answer for wrongful payment of judgement debt to client

The Judgement Debt Commission has decided to subpoena Mr Kwame Agati, counsel for Mr Peter Abbam, to answer questions relating to the payment of GHc364,644 compensation to his client.

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The Sole Commissioner, Mr Justice Yaw Apau, gave the directive for the subpoena letter to be issued to Mr Agati yesterday.

His directive followed a statement by counsel for the commission, Mr Dometi Kofi Sorpkor, to the effect that Mr Agati had decided to appear before the commission with a different lawyer because Mr Agati was demanding a fee.

Mr Justice Apau said it was important for Mr Agati to appear before the commission to answer questions on how he managed to secure the compensation for Mr Abbam.

The Abbam case

Mr Abbam, who claimed that the construction of the Kanda Overpass had led to the destruction of his wall, resorted to the courts where he had a default judgement of GH¢364,644.

But the Urban Roads Department had written to the effect that the wall of Mr Abbam’s residence stood on a land earmarked for a road and, therefore, was not eligible for any compensation.

The Attorney-General (A-G) told the commission that when the judgement was given, the department moved to have it set aside but it did not succeed.

Other cases

A Chief State Attorney, Ms Dorothy Afriyie Ansah, appeared before the commission in respect of a number of issues brought against the A-G.

The first case involved the rendering of services to the A-G by some organisations, for which payment was not made. 

Ms Ansah claimed that her outfit had not been able to trace any file in that regard.

She indicated that the A-G’s registry was still looking for the documents and pleaded for time to trace them.

Nursing officer

The second case had to do with compensation payment to a nursing officer, Mr Victor Adu Nyarko, who was killed in a military helicopter accident, together with some military officers, in 2002.

Giving a brief report on the incident, Ms Ansah said Mr Nyarko was asked to accompany injured military officers from the Nkawkaw Holy Family Hospital to the 37 Military Hospital in Accra when the helicopter crashed in the Atiwa Forest, killing all the seven people on board.

She said the families of all the six military officers were given compensation, with the exception of the nursing officer, because he was a civilian.

Ms Ansah said Mr Nyarko’s family petitioned the A-G, which was subsequently worked on and forwarded to the Ministry of Finance and Economic Planning.

She said Mr Nyarko’s family was given compensation of GHc15,975.20.

Accident case

The last case involved Kwesi Adjei and two others who had petitioned the A-G for the payment of compensation for an accident with a military vehicle at Kintampo.

Two weeks ago, representatives of the Ghana Armed Forces (GAF) told the commission about that accident, which involved the GAF’s fire engine and a Kia truck at Kintampo which resulted in the death of three people in the Kia truck, with one survival. 

All the occupants of the fire engine survived.

Group Captain Appiah-Agyekum said a board of enquiry which had investigated the case faulted the two drivers for neglect and recommended the payment of compensation to the survivors.

Mrs Ansah told the commission that her outfit had not been able to trace the file on that case yet and, therefore, asked for some time to get the file.

The final case heard was between the A-G and Sarroch Grandulati involving the demand for compensation payment for some affected people in Kumasi.

Ms Ansah said she had not traced the file on that case yet and requested for time to do so.

The court adjourned the case to June 2, 2014 for the Chief State Attorney to reappear before the commission with the files in relation to all the cases.

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