The Supreme Court has directed the Special Prosecutor, Martin Amidu, to help the Attorney-General retrieve more than €47.3million wrongfully paid to Waterville Holding.
The directive to Martin Amidu comes after he dragged the Attorney-General to the apex court for failing to carry out an order to retrieve the judgement debt paid illegally to the construction company.
Martin Amidu who went to court as a private citizen expressed frustration at the state’s inability to execute the order more than a year since an Arbitration Tribunal so ordered.
The Attorney-General fought off the suit asking the court to dismiss it.
Martin Amidu had claimed he had information that could lead to the retrieval of the money.
The Supreme Court said Amidu’s suit did not have a proper grounding because it had previously decided on the matter.
It asked Martin Amidu and the Attorney-General’s Department to cooperate.
Below is the simplified explanation of how we got here.
1. In July 2004, Ghana won the bid to host 2008 African Cup of Nations. By virtue of winning the bid, Ghana had to rehabilitate football stadia in the country.
2. In 2006, Ghana entered into an agreement with Waterville Holdings Ltd (an international company) for the rehabilitation of the Baba Yara and El Wak Stadia. NB: There are some intricacies as to how Waterville Holdings and Woyome came into the picture. But let’s put that aside.
3. Pursuant to that agreement, government made some payments to Waterville and Woyome.
4. According to Article 181(5) of Ghana’s constitution, any international agreement or business transaction entered into by the Government of Ghana must be approved by Parliament.
5. In 2013, Martin Amidu went to the Supreme Court seeking an order that the contract between Government of Ghana and Waterville Holdings be declared void because it lacked parliamentary approval. If the contract lacked parliamentary approval (and it is void), it means any money paid in respect of that contract to Waterville should be refunded to the State.
6. The Supreme Court agreed with him and made an order for the about 47million Euros to be refunded to the State.
7. Fast-forward to September 2019, Martin Amidu is going back to the Supreme Court, in his capacity as a private citizen (not as Special Prosecutor) over the non-enforcement of the judgment debt.
8. He has sued the Attorney General, Waterville Holdings and Alfred Woyome asking the Supreme Court to make an order directed at the AG to enforce the refund of the judgment debt of about 47 million euros.
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