Businessman Alfred Agbesi Woyome has said a decision by the International Court of Arbitration of the International Chamber of Commerce to decline to proceed with an arbitration he filed in connection with attempts by the government of Ghana to retrieve GHS51.3m from him was apt and unsurprising.
A statement issued by Mr Wyome’s aide Reginald Seth Dogbey said it “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 the minimum requirement of the ICC for arbitration.
“Any decision apart from the above would have surprised this office,” the statement added.
Mr Woyome filed the petition as part of processes concerning his dissatisfaction with a ruling by Ghana’s Supreme Court that he should refund the money to the state since he got it through fraudulent means.
Mr Woyome’s office interprets the ICC’s ruling as follows: “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.
“In fact, 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 in fact is alien to the procurement law,” the statement said.
Mr Woyome said: “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 favour of Mr. Alfred Agbesi Woyome and Ghana has been served all the necessary processes through the ministry of Foreign Affairs of Ghana,” the statement said.
Mr Woyome’s office said the necessary processes have been served to 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 the 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.”