Lawyer rips gov’t over SC ruling against Woyome, African Court

The integrity of the governing New Patriotic Party (NPP) has been attacked after Supreme Court (SC) ignored an order by the continental court, to halt actions against businessman Alfred Woyome.

Law lecturer with the Ghana Institute of Management and Public Administration (GIMPA), Justice Srem Sai has questioned why the NPP signed up to the African Court for Human and People’s Rights in 2005, if it did not consider it as a serious body.

The African Human Rights Court had directed government last Friday to cease efforts to retrieve the sum of ¢51.2million “wrongfully” paid to Mr Woyome until a case pending before it has been adjudicated. 

Related Article: Relief for Woyome as African Human Rights Court orders Ghana stay

Law lecturer Justice Srem Sai

The Tanzania-based court noted the businessman will suffer some “irreparable harm” if properties belonging to him are auctioned off, especially if the case before the African court goes in his favour.

But the apex court in Ghana on Tuesday disregarded the order by the African Court, directing the government to go ahead with plans to sell Mr Woyome’s properties.

Deputy Attorney-General Godfred Yeboah Dame told Joy News the Treaty setting up the continental court has not been ratified by Parliament.

He said the government will not waver in its resolve to retrieve the money paid to the National Democratic Congress (NDC) financier.

Related Article: Woyome relief shortlived as SC ignores African Court’s ruling

But Mr Srem Sai said the action by the apex court constitutes a major setback for the country’s international relations.

“It may be fair for the Supreme Court to say that it is unaware of any law to compel it, but it will not be accurate to say even having knowledge of such an institution, it will still be the final court of judicature in international law,” he said.

Private legal practitioner, Yaw Oppong 

The Treaty setting up the court was ratified by the John Agyekum Kufuor-led NPP administration in 2005, but the law lecturer wondered if “they did not take that job seriously.”

But private legal practitioner, Yaw Oppong has lauded the SC’s decision, saying it has ensured that the “sanctity of our constitution prevails.”

The Central University law lecturer said the apex court has been vested with the final judicial powers, noting “no other court in Ghana or elsewhere can pretend to supervise or turn into an appellate court.”

The outspoken lawyer said because there is no act that has converted the African Court for Human and People’s Rights protocol into an act of Parliament, its ruling cannot be binding.

“If it has not been ratified, it is not valid,” he added.

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