This submission is made as ordered by the Supreme Court on 16th October 2019, to assist the Attorney General by providing available evidence in order to enable the the enforcement of the judgment debt against Waterville Holdings (BVI) Limited.

It is more than one full year since an Arbitration Tribunal brought the arbitration proceedings in the Waterville Judgment Debt Case to an end in a manner favourable to the Republic of Ghana. I am returning to court in my personal capacity as the only person with enough vested interest in the conclusion of the case after having procured the decision, orders and directions of the Court contained in the judgment dated 14th June 2013. Even though I bring this application in my personal capacity as the Plaintiff/Applicant in the above case, I have since 23rd February 2018 been the Special Prosecutor of Ghana with the mandate to prevent, investigate, prosecute, and recover assets and manage proceeds of corruption and corruption-related offences. Consequently, I am also at the time of filing this application responsible for preventing the non-enforcement of the Court’s 2013 judgment which was actuated by an unconstitutional create, loot, and share syndrome as lucidly and ably articulated in this Court’s said judgment.

A number of Ghanaians have called me to ask how much Waterville is to refund to the Republic of Ghana as a consequence of the decision and orders of the Supreme Court dated 14th June 2013. This is apparently because of late the media has carried the story that Waterville has taken the Government to international arbitration to challenge an order for the refund of €25 million made by the Supreme Court. No explanation appears to be coming from Government sources to indicate the total amount of refund to be made by Waterville is €47,365,624.40. I have therefore deemed it necessary to address this issue relating to the Waterville decision and order as the citizen public interest Plaintiff in this matter.

The lumping of the execution of the judgments and orders of the Supreme Court in the Waterville and Isofoton declarations with suspected misappropriations and misapplications of public funds under this very Government in the contracts with SADA, GYEEDA, and the Ghana Revenue Authority smacks of opportunism, propaganda and downright disingenuity. The President is bound by the Constitution to duly obey and carry out the terms of the Supreme Court’s orders and directions in the two cases. Failure to do so could have grave consequences.

Review applications pertaining to Woyome and Isofoton judgment cases.

Writ that was submitted to invoke original jurisdiction.

Document relating to Waterville Woyome judgment.

I have read the online reportage in citifmonline, of 23rd June 2013, a vilifying statement made about me by one Victor Kojoga Adawudu of the NDC Legal Team, where I am expressly and by implication accused of having taken away some documents from the Attorney General’s Department resulting in the latter’s inability to pursue claims against Waterville and Woyome. I write to refute the allegations as baseless, false, malicious and libelous publications intended by the office of the Attorney General to vilify me for fulfilling my constitutional obligation of defending the 1992 Constitution pursuant to Articles 2 and 3 thereof.

Being untruthful to the public is not a hall mark of an ethical lawyer let alone a Deputy Minister of Justice who is expected to deal fairly and truthfully with “We the People” in whose name justice must be dispensed. Dr. Ayine may think that he can insult former senior Ministers who have paid their dues to the Republic as being petty in the name of a generational change of leadership. He is beginning a career in the Attorney General’s Department where the ethics of the legal profession does not allow juniors to insult senior lawyers, such as former Attorneys General, only to eat back their words as he has done.

With all the delays, the impression is being created that Government is deliberately buying time by pushing the Woyome trial to after the legal vacation in October 2012 and thus avoiding the conclusion of the trial before the elections in December 2012.