The Supreme Court has in unanimous decision ruled in favour of former Attorney General, Martin Amidu in his case against Isofoton SA.
The court has ordered Isofoton SA to refund the $325,472 paid them as judgment debt by the state as well as interest accrued from the year it was paid.
The company which was reportedly contracted to execute a rural electrification project will now refund the monies paid them as judgment with interest.
Mr. Amidu filed a suit in the Supreme Court challenging the payment of $1.3 million dollars to the Spanish company, Isofoton SA as judgement debt.
Mr. Amidu said Isofoton SA did not have a legitimate contract with government and therefore had no business making such demands.
According to Citi News Umaru Amadu Sanda who was in court, “the nine member panel which was presided over by Justice Datey Baah ruled in favour of Martin Amidu, granting him the release that he sought saying the judgment debt paid to Isofoton SA was illegal. The reason being the foundation which Isofoton went to court was weak because the agreement in itself was not laid before parliament.”
He said “If an agreement is not laid before parliament, per Article 185 of the constitution, it becomes null and void. Thus the High Court ruling that granted the judgement debt acted unconstitutionally. And that the cedi equivalent of 325,472 dollars must be refunded to the state.”
Umaru Sanda said the judges have also referred the 3rd defendant, Anane Adjei, who acted as lawyer for Isofoton to the General Legal Council because he acted unconstitutionally when he fronted for a company knowing there was no transaction.
Credit: Citi News