Friday, August 31, 2012
Amidu takes AG, Isofoton to court
August 3, 2012 (Page 3 Lead) A FORMER Attorney-General and Minister of Justice, Mr A.B.K. Martin Amidu, is challenging the conduct of the government in agreeing to pay and making part payment US$1,300,000 to Isofoton S. A. Describing the payment as “unconstitutional”, Mr Amidu has accordingly dragged the Attorney-General, Isofoton S. A. and its agent, Mr Anane Agyei Forson to the Supreme Court. He is praying the Supreme Court to make orders against the conduct of Isofoton and Mr 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. Article 181 (5) of the 1992 Constitution states that “ The plaintiff is also the jurisdiction of the High Court to have entertained Isofoton S. A.’s Suits No. BC23/2008 and BC24/2008 against state on grounds that Isofoton lacked the locus standi to commence that action. According to the former Attorney-General, Isofoton did not have the fiat to sue the government because it did not have any operative contract with the Government of Ghana. Mr Amidu’s contention was 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 August 1, 2005 of the terms and conditions of the Second Financial Protocol between the Republic of Ghana and the Kingdom of Spain for an €65 million Euros 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.” According to him pronouncements by a Deputy Minister of 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.” He further stated that the said pronouncement by Mr Ablakwa on July 7, 2012 has since not been denied by the Attorney-General’s Department. The plaintiff stated that he delayed the release of the suit which was filed on July 24, 2012 to the media “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”.