Betty Mould acted on solid grounds-Ajet Nasam

Snippets from the ruling of Justice Ajet-Nasam-the trial judge in the ‘Woyome trial’ indicates that former Attorney General (AG), Betty Mould Iddrisu did not act in isolation in the decisions leading to the state parting with Ghc 51 million judgment debt to businessman Alfred Agbesi Woyome.

This is contrary to widespread public sentiments being propagated by a section of the public, particularly the opposition New Patriotic Party (NPP) that Madam Betty Mould Idrissu was the ‘mastermind’ behind the controversial judgment debt payment to Alfred Woyome who was last week acquitted and discharged on criminal charges for claiming the GHC 51 million judgment debt.

Apparently, state prosecutors at the Attorney General’s office had tried to lay all the blame for the controversial payment on Madam Mould-Iddrisu but the judge countered them by saying their arguments were ‘not borne out by evidence on record’.

“I think, this submission [by State prosecutors] is not borne out by evidence on record. The head of Legal at the Finance Ministry [Paul Asimenu] wrote his view justifying the payment. There were other persons who met to deliberate on the petition. The decision, to me, was not wholly taken by the then Minister, Honourable Betty Mould- lddrisu.

Justice Ajet Nasam’s ruling which has made its way into the public domain, traces a whole chain of events that led to the controversial judgment debt payment, “ It is my considered opinion that, such criticism of the then Minister [Betty Mould Iddrissu] by the prosecutor is misplaced… The head of Legal at the Finance Ministry [Paul Asimenu] wrote his view justifying the payment. There were other persons who met to deliberate on the petition. The decision, to me was not wholly taken by the then Minister, Honourable Betty Mould Iddrisu.”

The High Court judge went further to name other key individuals who collectively deliberated on the issue before a final decision was reached to settle Mr. Woyome, who had already gone to court to press home his claims: “One of those members was Paul Asimenu who wrote Exhibit '20'. Another high-ranking personality, Honourable Ebo Barton-Odro wrote to late President Atta-Mills to justify the payment of the 2% to Alfred Agbesi Woyome. This is Exhibit ‘24’ Honourable Barton-Odro was then the Deputy Attorney General and Minister of Justice. He stated: - "Alfred Woyome’s claim was therefore based on the consortium's Financial Proposal which would have brought in funding …” the judge quoted.

“ I will further show why I am of the view that, the decision taken was not only that of Mrs. Betty Mould-lddrisu. In her quest for expert opinion on the Financial Engineering claim by the accused, Honourable Betty Mould-lddrisu wrote to those involved, including the Building Industry Consultants (B. I. C.), the Government Consultants on CAN 2008. One Magnus Rex Danquah replied the letter.”

Magnus Rex Danquah is said to have stated in his evidence that: "My Lord, the Attorney General who was new in office and lacked the institutional history of events that had already taken place believed the various misrepresentation made by the accused person thus took it upon herself to push for the monies being claimed by the accused person to be paid to him."

The learned Jurist said further that "Even in Ghanaian popular parlance, it is a maxim that: "Book no lie". These Exhibits were from the prosecution, not the accused, I do not see how I will reject to comment or look at those Exhibits the prosecution or defence tendered and admitted in evidence. These exhibits rather go to lead credence to the Accused defence that, he was justified to receive what was paid to him. There were expert advices from Ministry of Finance, Building Industry Consultants Limited (B. I. C.), Government Consultants and Rex Magnus Danquah. All these experts put in their recommendations for the payment of the money to Alfred Agbesi Woyome.

The erstwhile John Agyekum Kufuor led NPP administration has been fingered for masterminding the confusion after arbitrarily terminating the contract for Mr. Woyome’s consortium to raise a multi-million euro financing for several projects related to Ghana’s bid to host the 2006 African Cup of Nations in Ghana.

For reasons known only to the Kufuor-Administration, it terminated the contract, notwithstanding the fact that the central tender review committee set up to evaluate the over 70 bids submitted to them and other relevant state agencies have given Mr. Woyome and his consortium the ‘green light’ to raise the requisite funds.

This fact was also highlighted in the ruling after the High Court judge evaluated submissions made by Mr. Woyome in court including a statement that read: "The financial arrangements were made in respect of the concurrent approval given by the Central Tender Review Board for the award of contract to Vamed Engineering who transferred its rights on the project to Waterville Holdings (copies of letter of transfer and acceptance attached) and (copy of letter of Central Tender Review Board dated the 5th day of August 2005 attached). It was in these circumstances that the then Government terminated the entire process .....".

“ It is my opinion that this letter dated the 5th day of August, 2005 formed the basis of a binding agreement between Vamed and Government of Ghana and the processes having been terminated wrongfully by the Government, the claimants were entitled to compensations for serviced rendered," Justice Ajet Nasam emphasized.

Mr. Woyome between 2010 and 2011 made claims from the late John Evans Atta Mills administration of the National Democratic Congress (NDC) for some financial engineering bid for the CAN 2006 that went sour.

An aggrieved Mr. Woyome went to court around 2010 to press home his claim, which he succeeded in part through a consent judgment granted him. However, the judgment required the money to be paid to him in tranches of approximately Ghc17 million each.

However, a Stay of Execution of the claims was secured in court by the State after the first tranche had been paid. Mysteriously, however, within the time of the Stay of Execution, the full GHC 51 million was paid.

According to sources, at the Attorney General’s department, this happened just about the time Madam Betty Mould Iddrisu exited office as the Attorney General and was succeeded by Martin Alamisi Benz Kaiser Amidu who is said to have declined to act on the matter when it was presented to him upon resumption of office as the new AG.

In what has been described as Mr. Martin Amidu’s neglect of his duties on the pending ‘Woyome’ judgment debt situation, the GHC 51 million was paid in the confusion.

Mr. Amidu, however, went after his predecessor, claiming she connived with Mr. Woyome and other public officials to sneak the payment through.

According to Mr. Woyome in his submissions to the Accra High Court during criminal proceedings leveled against him by the case after the money had been paid, the ‘Government of Ghana showed bad faith’.

He was hauled before court for Causing Financial Loss to the State and Defrauding the State by False Pretense, an indictment that resulted in a bitter and protracted lawsuit that has spanned over 3 years now.

Last week, the presiding Judge, Justice Ajet Nasam, having considered all the evidence, concluded that Mr. Woyome indeed deserved the payments as stated by all the public officials who worked with him when he made his controversial judgment debt claims.

Mr. Woyome made the claims based on agreement for him to conduct financial engineering for Sports Stadia and Facilities (€761 million), Hospitals and wellness centre (€329 million) and a Cobalt 60 Irradiation plant for the Ghana Atomic Energy Commission (GAEC) for approximately €13 million.

The total amount Mr. Woyome was expected to raise was €1.12 billion upon which he made a 4% judgment debt claim (it was eventually reduced to a 2% claim) after the agreement was abruptly cancelled in the middle of the process by the Kufuor administration.