The Supreme Court on Tuesday dismissed an application by beleaguered businessman, Mr Alfred Agbesi Woyome, seeking to halt his oral examination by the state.
The court, presided over by a single judge, Mr Justice A.A Benin, said the application had no merit.
The court on June 8 granted a request by the Attorney-General’s Department to question the businessman on whether he owns properties, has the means to offset the debt owed the state as well as how he spent the 51.2million cedis, wrongfully paid him.
Lead counsel, for Mr Woyome, Mr Ken Anku last week argued that the examination be put on hold since they had filed for a review of the sole Judge’s decision allowing the oral examination.
This was opposed by Deputy Attorney-General Godfred Yeboah Dame who argued that the application was unmeritorious because it had failed to meet all the essential criteria for a stay of execution or proceedings.
Delivering his ruling Justice Benin described the application as unmeritorious and without basis.
He said the fact that Mr Woyome had filed a review of the case did not mean that the oral examination should be halted, and that there was no basis for the application sought to halt the oral examination.
Mr Woyome’s counsel later submitted a medical report to court, indicating that Mr Woyome was sick and that he should be off duty for two weeks, which the state vehemently opposed saying it was just a ploy to dodge the oral examination.
The court obliged Mr Woyome and later adjourned the matter to July 24, by which time he would have recovered for the oral examination.
Late last year, Justice Anin Yeboah sitting as a single judge granted an application brought by former Attorney-General, (A-G) Martin Amidu, seeking to be allowed to orally examine Mr. Woyome.
But before that matter is determined, the A-G initiated fresh processes for the State to be allowed to conduct the oral examination.
This was granted by a sole judge, Justice A.A Benin ordered the businessman to appear before the Court on June 29 to be orally examined.
The Supreme Court in 2014 ordered the businessman to refund some 51.2 million cedis wrongfully paid to by the state in 2010 and 2011.
The Court upheld arguments by Mr. Martin Amidu that the contracts which formed the basis for Woyome’s claims against the state and for which he was paid the money, were unconstitutional as it lacks Parliamentary approval.
Mr Woyome’s promise to pay the money has not been fulfilled and the state is yet to retrieve the money.