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04 August 2017

ICC dismissal of my petition not surprising – Woyome

Embattled businessman, Alfred Agbesi Woyome has said he anticipated the International Court of Arbitration of the International Chamber of Commerce (“court”) will throw out his petition filed to the court.

According to him, the court’s decison is right and he expected it, although it came at a substantial cost ($5,000 ) to him in terms of legal fees.

Mr Woyome in April petitioned the United Nations-backed court over his compulsion to refund to the state the controversial whopping GH51.2 million judgment debt paid to him by the past National Democratic Congress (NDC) government.

But the ICC in a release dated 3rd August 2017 dismissed Mr Woyome’s petition at the preliminary jurisdiction stage even before any formal hearings.

However a statement from Mr Woyome’s office said 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.”

Mr Woyome who claims his human rights has been abused and was occasioned by the Review Decision of the Supreme Court of Ghana 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 the 1992 constitution of The Republic of Ghana under case number Ref:AfCHPR/Reg./appl.001/2017/001.

According to Mr Woyome’s office, “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 statement added that 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, have also been served the necessary processes.

Ghana has been reportedly 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 Chamber 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
Attachments-African Court’s served documents.

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