The Supreme Court yesterday granted the application filed by businessman Alfred Agbesi Woyome to temporarily stop the much anticipated oral examination by Martin Amidu, a former Attorney General and Minister for Justice.
The court, presided over by Justice Kwasi Anin-Yeboah, said the application was granted in the substantial interest of justice.
This, the judge stated, would not occasion any injustice against the trial in view of the fact that the motion was due to be moved on December 6.
This would pave the way for two judges to take a second look at the ruling which cleared Mr. Amidu to grill Mr. Woyome.
Ken Anku disclosed that his client had filed a supplementary affidavit on November 28, 2016.
Mr. Amidu, who raised preliminary objection, said he was again short-served with the affidavit and that Mr. Anku also did not seek leave from the court before filing the supplementary affidavit.
He stated that Mr. Anku ought to have explained to the court for serving him late.
According to Mr. Amidu, aka “Citizen Vigilante” Woyome's lawyer had not told the court the basis for the supplementary affidavit.
Mr. Anku, who described the complaints of Mr. Amidu as a “protest,” said the supplementary affidavit would help to stay the proceedings.
Justice Anin-Yeboah told Mr. Anku to show the court the law which allows him to file a supplementary affidavit in a pending case without seeking leave from the court.
The judge said Woyome's lawyer was making his own rules and imposing same on the court, insisting that the lawyer must show him the law under Rule 20 of the Courts Act.
Mr. Anku subsequently asked the judge if he had a “problem” with the premise he was laying for his case.
The judge, who was visibly miffed, retorted: “come and look at it, I don't look for cases, this was given to me by the CJ.”
Justice Anin-Yeboah said: “I don't have any interest, be fair to me, is it because I am handling this case that you can pounce on me and use those words on me.”
The judge further stated: “Let's be very professional, what interest do I have?”
Mr. Anku, however, apologized and sought leave from the court to admit the supplementary affidavit which the judge in a ruling accepted as part of the documents in the case.
Mr. Amidu did not oppose the admission of the supplementary affidavit, saying that it was entirely the decision of the court.
Woyome's lawyer, in moving the motion, contended that the application was for the court to either reverse, discharge or vary the ruling dated November 16 this year.
He said the NDC financier was dissatisfied with the position of the court in the said ruling, insisting that a temporary halt would not occasion any injustice.
Mr. Anku contended that the request by his client was also his constitutional right.
In the view of the lawyer, if the court denied his client the stay of proceedings, it would have irreversibly impact on him.
The fact that the instant application was a temporary stay of proceeding would not occasion any injustice, he argued.
Woyome's lawyer further posited that the motion would ensure fairness, equity and common sense as enshrined in Article 296 of the 1992 constitution.
Mr. Amidu stated that his objection to the motion was aptly captured in paragraphs 5 to 9 of his affidavit in answer to the motion.
He said Woyome was not entitled to the request he is seeking from the court.
“Woyome has the right to take advantage of the constitution and its clauses but his hands are dirty…” he claimed.
The Citizen Vigilante noted that Woyome was before the court, whose ruling he flouted.
He said the ordinary Ghanaian voter ought to know whether or not Woyome has the means to pay the GH¢51.2 million judgement debt paid to him by the State.
The AG, represented by Dorothy Afriyie Ansah, however, did not oppose the motion.