Supreme Court adjourns sole judge case to January 10
A case in which a legal practitioner is seeking the interpretation of the constitution as to whether a sole judge could interpret constitutional matters has been adjourned to January 10, 2017 by the Supreme Court.
Mr David K. Ametepe had gone to the court seeking the interpretation of the 1992 Constitution as to whether a sole judge could interpret matters involving the constitution.
The legal practitioner’s case was that upon a “ a true interpretation of Article 2 (1), 128, 130 and 134 of the Constitution a single justice of the Supreme Court lacks the jurisdiction to determine matters involving the interpretation of the Constitution” hence asking the court to set aside a Justice Anin Yeboah decision.
Justice Anin Yeboah in his ruling ordered businessman Alfred Agbesi Woyome to be subjected to cross-examination by former Attorney General, Martin Amidu in the judgement debt of GH¢51.2 million paid to him.
According to the private legal practitioner under “Article 2 (1) and 88 of the constitution, a private person does not have the capacity to initiate, orally examine a judgement debtor and or levy any execution process in respect of a judgment in which the State is the judgement creditor.”
Following the filing of the writ, the three member panel which was to hear the Review application, adjourned the application sine die (Indefinitely) on the basis that the outcome of the legal practitioners’ case would have a bearing on the review application.
On December 2, the Supreme Court presided over by Justice Anin Yeboah granted a stay of proceedings on Mr Woyome cross-examination by Mr Amidu over the GH¢51.2 million judgement debt.
The court upheld Woyome’s request to enable a three- member panel to be constituted to hear the review of his application compelling him to be cross-examined.
The Supreme Court in 2014 ordered Woyome to pay back the GH¢51.2million judgment debt which the state said he fraudulently obtained.
Mr Amidu proceeded to court to grant him the opportunity to cross examine Woyome over the money he received and the Court obliged him on November 16, 2016.
Source: GNA