Businessman, Alfred Agbesi Woyome, took a giant step towards his aim of getting justice done him in the matter of the judgement debt of GH ¢5.2 million judgement debt paid to him when the International Court of Arbitration (ICA) of the International Chamber of Commerce (ICC) sitting in London struck out his application to it for arbitration between it and the Government of Ghana (GoG) in respect of the GH ¢5.2 million.
The court held that the “…arbitration will not proceed (Article 6(4)”. The court, by its ruling, says there can be no arbitration in the matter Alfred Woyome has brought before the ICA of the ICC because he was not part of the 2006 contract which the Supreme Court has cited as a basis for which he should return the GH ¢5.2 million to the state nor did he benefit from that contract.
Alfred Woyome had repeatedly said the reason for which he went to court and secured a consent judgement of GH ¢5.2 million against the state has to do with the abrogation of contract by the Kufuor government in 2005 and not the Waterville contract of 2006 that many, including the Supreme Court of Ghana have cite. The ruling of the ICA of the ICC now paves way for the businessman to demand compensation from the government of Ghana for various acts of human right abuse against him, a claim which is already before the African Court on Human and People’s Right in Arusha, Tanzania and for which the GoG has already been served through the Ministry of Foreign Affairs.
As expected, some media house who have shown they do not even understand the ABCD of the case and have continuously thrown dust in Ghanaian’s eyes to demonize and criminalize Mr. Woyome have misinterpreted the ruling of the ICA again to mean he has lost the case. They are therefore set to inflict their ignorance on the public.
Interestingly, Mr. Know All, Ace Ankomah, a lawyer who should know better the meaning of the ruling has started celebrating (the ruling), obviously unable to comprehend properly its significance. On his facebook page, in a celebratory mood, he writes concerning the ruling;
“Woyome’s Micky Mouse arbitration he filed at the International Court of Arbitration of the International Chamber of Commerce has been thrown out at the preliminary jurisdiction stage, as was expected.
The relevant part of Article 6(4) says “The arbitration shall proceed if and to the extent that the Court is prima facie satisfied that an arbitration agreement under the Rules may exist.”
This must be the most laughable arbitration ever filed. Arbitration 101: there can be no arbitration without an arbitration agreement between the parties. Jack, there is not even underlying contractual agreement between you and Ghana, let alone an agreement to refer future disputes arising out of the non-existent contractual agreement to arbitration. It doesn’t make sense. It is ridiculous and ludicrous.
Kudos to the team of fantastic lawyers at the Attorney-General’s Department who worked to throw this fatuous and vacuous matter into its rightful place: the TRASH BIN. Slam dunk.
October, hurry here. Ghana shall take its money.”
Meanwhile, a statement issued yesterday from the office of Mr. Alfred Woyome and signed by Reginald Seth Dogbey, his Special Assistant, puts the matter in the right perspective. Below is the full text of the statement;
STATEMENT FROM THE OFFICE OF ALFRED AGBESI WOYOME
IN REACTION TO THE LEAKED ARBITRATION DECISION OF THE ICC DATED 3RD AUGUST 2017 TO THE MEDIA BY THE GHANA ATTORNEY GENERAL’S OFFICE–
RE: ICC Case number: 22679/TO, Decision dated 3rd August 2017
The decision of the International Court of Arbitration of the International Chamber of Commerce (“court”) dated 3rd August 2017 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 minimum requirement of the ICC for arbitration.
Any decision apart from the above would have surprised this office.
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.
Infact 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 infact is alien to the procurement law.
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 “J