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Lawyer Egbert Faibille has described as absurd new charges of defrauding by false pretense and causing financial loss to the state brought against National Democratic Congress financier Alfred Woyome in the controversial judgement debt saga.
He is unhappy the case is being heard at the High Court, especially when it is the same court which handed a consent judgement to Alfred Woyome.
Alfred Woyome was set free, Tuesday and later rearrested the same day and slapped with the two new charges.
Even though Egbert Faibille believes the High Court has jurisdiction over the case, he said until the consent judgement awarded to Woyome is set aside the same court will be in a quandary giving a verdict on the same matter.
He feared the court will turn around to protect Woyome because of its own earlier judgement it awarded in Woyome’s favour.
“...The basis of all this Woyome case is that initially Mr Woyome went to court, he issued a writ, and got a default judgement. Following the default judgement the Attorney General and Mr Woyome entered some kind of further judgement which we call consent judgement. It is this consent judgement which subsists. Now I am also mindful of the fact that the High Court is one, that is why we use a definite article, The, to refer to the High Court. Now look at the situation that the very same High Court which Mr Woyome had been arraigned before today had in the not too distant past accepted a consent judgement between Mr Woyome and the Attorney General,” Faibille told Joy News’ Dzifa Bampoh.
“... Now that is a judicial act of the High Court of Ghana. As we speak the government of Ghana has issued a fresh writ challenging that consent judgement on the grounds that it was procured on grounds of mistake and fraud," he added.
He said the state is yet to determine whether the consent judgement was procured on fraud adding “you go to the same High Court and say that I am bringing Mr Woyome before you on charges of willfully causing financial loss to the state and defrauding.
“How would the same High Court look at itself,” he argued.
But another lawyer who is part of the National Democratic Congress legal team said there is nothing wrong with what is going on with the Woyome case.
Abraham Amaliba argued the ongoing Woyome case is running on two legs- civil and criminal aspects both of which can go on concurrently.
“The High Court jurisdiction on criminal matters is different from the High Court jurisdiction on civil matters. And so that is a bit curious coming from him.”
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