[ 2012-08-02 ]

Martin Amidu sues A-G and Isofoton
Former Attorney General, Martin Amidu has filed a
writ at the Supreme Court against the Attorney
General, Isofoton S.A and the Ghanaian agent of
Isofoton Mr. Anane-Agyei Forson.

A statement issued by the former A-G on Thursday
said he arrived at that decision to give notice to
all patriotic and well meaning Ghanaians dedicated
to the promotion of probity, accountability and
transparency in Government the exercise of his
right as stipulated under Articles 2 and 130 of
the 1992 Constitution.

The writ was filed on 24th July 2012 seeking nine
declarations, including an interpretation of
Article 181 of the Constitution.

“I have had to delay making this statement until
now to honour the memory of my late personal
friend of several years and President of this dear
Republic of Ghana whose untimely death we all
mourn. May He Rest in Peace.”

He further stated: "The announcement and threats
issued to the general public on 7th July 2012 on
the Newsfile programmme of Joyfm by the Government
through the Deputy Minister for Information (Mr.
Sam Okudzeto Ablakwa) that the Government was
about to pay the balance of the alleged Isofoton
S. A. judgment debt while the matter was still
pending on Appeal is a clear sign that the
Government is incapable of pursuing and protecting
the public interest in this matter fairly and
impartially."

Below is his statement

MARTIN AMIDU ISSUES PUBLIC INTEREST WRIT AND
STATEMENT OF CASE AGAINST ISOFOTON S. A. AND
ANANE-AGEI FORSON AT THE SUPREME COURT: BY MARTIN
A. B. K. AMIDU

This statement is intended to give notice to all
patriotic and well meaning Ghanaians dedicated to
the promotion of probity, accountability and
transparency in Government that I have as a
citizen of Ghana exercised my right pursuant to
Articles 2 and 130 of the 1992 Constitution and
filed on 24th July 2012 a Writ No. J1/23/2012 and
a Statement of Case as Plaintiff at the Supreme
Court against: (1) the Attorney-General (2)
Isofoton S. A. of Montalban,Madrid,Spain and (3)
Mr. Anane-Agyei Forson, a Ghanaian citizen and
agent of Isofoton S. A. The writ seeks nine
declarations, including an interpretation of
Article 181 of the Constitution.

My main contention is that: “on a true and proper
construction of Article 181(3) and (4) of the
Constitution and Section 7 of the Loans Act, (Act
335) the laying before and approval on 1st August
2005 of the terms and conditions of the Second
Financial Protocol between the Republic of Ghana
and the Kingdom of Spain for an amount of
sixty-five million Euro (€65,000,000) for the
implementation of development projects and
programmes in Ghana did not nullify the effect of
Article 181(5) of the 1992 Constitution that
mandates further laying before and approval of any
specific international business or economic
transaction to which the Government is a party,
even if payment had to be made from the said loan
approval by Parliament.” I have also challenged
the conduct of the Government in agreeing to pay
and making part payment for the alleged settlement
of one million three hundred thousand United
States Dollars (US$1,300,000) and threatening to
complete the unconstitutional payments.

I have also raised the issue of the jurisdiction
of the High Court to have entertained Isofoton S.
A.’s Suits No. BC23/2008 AND BC24/2008 against the
Republic of Ghana on grounds of Isofoton’s lack of
locus standi and a cause of action to commence the
action in the first place because of the absence
of any operative contract with the Government of
Ghana. I have further asked for declarations
against the conduct of Isofoton S. A. and Mr.
Anane-Agyei Forson for making claims against the
Government of Ghana when they knew that there was
no operative contract with the Government of Ghana
within the meaning of Article 181(5) of the 1992
Constitution. I finally also asked for
consequential orders and directions from the
Supreme Court to give effect to the reliefs sought
by me. The foregoing summarizes the reliefs I am
seeking from the Supreme Court.

The announcement and threats issued to the general
public on 7th July 2012 on the Newsfile programmme
of Joyfm by the Government through the Deputy
Minister for Information (Mr. Sam Okudzeto
Ablakwa) that the Government was about to pay the
balance of the alleged Isofoton S. A. judgment
debt while the matter was still pending on Appeal
is a clear sign that the Government is incapable
of pursuing and protecting the public interest in
this matter fairly and impartially. The
pronouncement of the Deputy Minister for
Information has since not been denied by the
Attorney-General’s Department. This is in spite of
the fact that I had challenged the moral authority
of the Deputy Minister for Information (who had
previously pleaded with me in vain to authorize
payment of the balance to Isofoton S. A. without
the knowledge of the Minister for Information) to
speak for the Government on this matter.

The assurance this Writ and Statement of Case
gives to me and all patriotic Ghanaians interested
in transparency and accountability is that the
Government has ceased to have the power to dispose
of this matter at the blind side of Ghanaians. The
Supreme Court would have to make an authoritative
pronouncement on the merits of this action before
the Government can commit the patrimony of the
nation to this transaction or recoup what it has
unlawfully paid already.

As a member of the NDC, I am firmly of the view
that the NDC has an obligation to itself and the
Government we all helped to bring into office to
ensure that this matter is concluded in accordance
with the NDC’s cherished objects and values and
not on the basis of the political expediency of
equalization. I have accordingly decided to bring
this action in the Supreme Court to vindicate the
principles and values that led me first into the
31st December Revolution and then into the NDC.

I will not, after the publication of this
statement giving notice of this action, argue this
pending case at the Supreme Court in the court of
the media or public opinion. I know that I have
taken a leap by going to the Supreme Court with a
public interest action and I also know that in
such matters my wishes may not necessarily prevail
in the end. In any event, I will have had the
inherent satisfaction of having had my day in the
Supreme Court after the Law Lords of the Court
have finally and authoritatively spoken on the
matter, whether I prevail or not in my point of
view.

I have had to delay making this statement until
now to honour the memory of my late personal
friend of several years and President of this dear
Republic of Ghana whose untimely death we all
mourn. May He Rest in Peace.

Source - MyjoyOnline

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