The Supreme Court has set July 4 to rule on an application by beleaguered businessman, Mr Alfred Agbesi Woyome, seeking to halt his oral examination by the state.
The court, presided over by a single judge, Mr Justice A.A Benin, fixed the date on Thursday after a series of submissions by Woyome’s lawyers and the State.
The court on June 8 granted a request by the Attorney-General’s Department to question the businessman on whether he owns properties, has the means to offset the debt owed the state as well as how he spent the 51.2million cedis, wrongfully paid him.
Lead counsel, for Mr Woyome, Mr Ken Anku on Thursday argued that the examination be put on hold since they had filed for a review of the sole Judge’s decision allowing the oral examination.
He prayed the court to temporary halt the oral examination pending the review, saying they came in the interest of justice and fairness, and as such it would be unfair if what they are seeking is not granted.
He based his argument on Article 134(b) of the 1992 Constitution which allows a review of the decision of a single judge of the Supreme Court by three other justices of the court.
In his response, a Deputy State Attorney, Mr Godfred Dame, argued that the application was unmeritorious because it had failed to meet all the essential criteria for a stay of execution or proceedings.
According to him, Mr Woyome had failed to disclose whether he will suffer any hardship or irreparable damage if the oral examination proceeds, or the order is executed.
He said the application was an attempt by Mr Woyome to delay the oral examination and also the execution of the Supreme Court judgement in 2014 for him to pay the Ghc51.2 million judgement debt back to the state.
“Fairness would rather require that, the proceedings would continue for them to be able to execute the judgement of the sole judge”, he noted
Late last year, Justice Anin Yeboah granted an application brought by former Attorney-General,(A-G) Martin Amidu, seekng to be allowed to orally examine Mr. Woyome.
But before that matter is determined, the A-G initiated fresh processes for the State to be allowed to conduct the oral examination.
This was granted by a sole judge at the Supreme Court, Justice A.A Benin who ordered the businessman to appear before the Court on June 29 to be orally examined.
The Supreme Court in 2014 ordered the businessman to refund some 51.2 million cedis wrongfully paid to by the state in 2010 and 2011.
The Court upheld arguments by Mr. Martin Amidu that the contracts which formed the basis for Woyome’s claims against the state and for which he was paid the money, were unconstitutional for lack Parliamentary approval.
Mr Woyome’s promise to pay the money has not been fulfilled and the state is yet to retrieve the money.