Woyome welcomes ICC ruling and banks hopes on African Court case
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Embattled businessman, Mr Alfred Agbesi Woyome has welcomed the ruling by the International Court of Arbitration of the International Chamber of Commerce (ICC), declining to proceed with an arbitration he filed in connection with the Ghc51.2 million he owes the state.
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According to Mr Woyome, the ruling was expected and not surprising.
He is however banking his hopes on another case he has already filed at the African Court on Human and People’s Rights at Arusha in Tanzania, arguing that his human rights are being abused in Ghana.
He thinks the Supreme Court of Ghana erred by ruling against him and therefore abused his human rights.
In a statement signed on his behalf by his aide, Mr Reginald Seth Dogbey on Friday, Mr Woyome said he has invoked Article 40 read together with Article 75 of the 1992 Constitution of Ghana in connection with his human rights
Mr Woyome said a preliminary determination of the case at the African Court has been made and a prima facie case has been established in his favour and Ghana has been served all the necessary processes through the Ministry of Foreign Affairs.
He said since Ghana has been asked to appoint lawyers to represent the country by Tuesday, August 8, 2017 and file a response 30 days after August 8, he hopes that the case would be in his favour.
Read also: ICC throws out Woyome's arbitration over GH¢51.2m debt
Below is the full statement by Mr Woyome
STATEMENT FROM THE OFFICE OF ALFRED AGBESI WOYOME
IN REACTION TO THE LEAKED ARBITRATION DECISION OF THE ICC DATED 3RD AUGUST 2017 TO THE MEDIA BY THE GHANA ATTORNEY GENERAL’S OFFICE--
RE: ICC Case number: 22679/TO, Decision dated 3rd August 2017
The decision of the International Court of Arbitration of the International hamber of Commerce (“court”) dated 3rd August 2017 is the right decision and expected by the Claimant (Alfred Agbesi Woyome) although it came at a substantial cost to the claimant in terms of legal fees.
The decision as per ICC’s article 6(4) means that the case does not meet minimum requirement of the ICC for arbitration.
Any decision apart from the above would have surprised this office.
What the decision actually means is that, Alfred Agbesi Woyome is not a signatory to/beneficiary of the 2006 Waterville Contracts with the Government of Ghana and cannot therefore come before the ICC for arbitration based on those Contracts.
Infact Alfred Agbesi Woyome sued Government on the basis of the illegal cancellation of the procurement process of CAN 2008 that took place in 2005 and not 2006 Contract GoG signed with Waterville.
The procurement Process of 2005 received a Concurrent approval from the Central Tender Review Board and Cabinet could not purport to have cancelled it as Cabinet has no such powers in the procurement law and infact is alien to the procurement law.
The Supreme Court of Ghana erred by linking Alfred Agbesi Woyome to the Waterville contract by “necessary linkage “using the now “residual unspecified Jurisdiction” to ground “Justice “as their main Principle in ordering a refund of monies Paid to Mr. Alfred Agbesi Woyome legally under the laws of Ghana.
As expected, this office has already determined that the Human Rights of Mr. Alfred Agbesi Woyome has been abused and was occasioned by the Review Decision of the Supreme Court of Ghana.
Mr. Alfred Agbesi Woyome has sent this aspect of the case to the African Court on Human and Peoples’ Right in Arusha Tanzania by invoking article 40 read together with article 75 of the1992 constitution of The Republic of Ghana under case number Ref:AfCHPR/Reg./appl.001/2017/001.
Ghana has ratified the necessary Protocols of the African Court, recognized the competence of the African Court, and also submitted to the authority of the African Court.
A preliminary determination of the case has been made and a Prima farcie case has been established by the African Court in favor of Mr. Alfred Agbesi Woyome and Ghana has been served all the necessary processes through the ministry of Foreign Affairs of Ghana.
The following entities have also been served the necessary processes:
The Chairperson of African Union Commission, The Executive Secretary of African Commission on Human and Peoples’ Rights, All states Party to the Protocol and The Executive Council of the African Union, through the Chairperson of African Union Commission.
Ghana has been ordered to appoint their lawyers latest by Tuesday the 8th of August 2017.
Ghana has also been ordered to file their response within 30 days after the 8th of August 2017.
Thank you
Signed
Reginald Seth Dogbey