The Special Prosecutor, Martin Amidu, in his capacity as a private citizen, has sued the Attorney General and construction firm, Waterville over the nonenforcement of a judgement debt retrieval order directed at the Government of Ghana and the company in 2013.
The Supreme Court made the order in the Amidu vs. Attorney-General, Waterville Holding (BVI) Ltd & Woyome case brought before it by Martin Amidu on June 22, 2012.
In Amidu’s application, the construction firm, Waterville Holding (BVI) Ltd was cited in the case as second respondent / defendant / judgment debtor.
The Supreme Court on June 14, 2013, directed the Government to retrieve a judgement debt paid Waterville totalling €47,365,624.
Martin Amidu, then, Attorney General, who dragged Waterville to court argued that the company had no contract with the government but yet made claims for the payment of the money.
The construction company was in 2013 ordered by the Supreme Court to return to the state monies it obtained illegally out of claims it brought against the state in 2009.
Waterville subsequently appealed against the judgment at the International Court of Arbitration, a case which dragged for a while but according to information available to Mr. Amidu, an arbitration award was made in April 2018 in favour of the Government of Ghana.
Amidu in his fresh application at the Supreme Court insisted that, one year down the lane, the Government is yet to retrieve the money from Waterville.
He stated in his suit that “I contend that, it is more than one full year since the Arbitration Tribunal brought the arbitration proceedings to an end in a manner favourable to the Republic of Ghana enjoining the 1st Defendant / Respondent, whose office was held responsible for creating the unconstitutional Judgment Debt, to enforce the orders and directions given by this Honourable Court pursuant to Articles 2 and 130 of the 1992 Constitution in my favour as the Plaintiff on 14th June 2013 and for the 2nd Defendant / Respondent / Judgment Debtor herein to obey and carry out the orders and directions made against the 2nd Defendant/Respondent/Judgment Debtor by this Court on even date”.
Amidu also argued that, he is before the Supreme Court again because the Government’s nonenforcement of the apex court’s order following the the development from the Arbitration Tribunal “for more than one full year since 30 April 2018, demonstrates that without any orders and directions from this Court to the 1st Defendant / Respondent to enforce the decision, orders and directions of this Court against the 2nd Defendant / Respondent / Judgment Debtor herein, the labour and expenses exerted by me [Martin Amidu] as the Plaintiff / Applicant who commenced this action to a successful decision by this Court for the people of Ghana would go in vain and be compromised by inaction on the part of the 1st Defendant / Respondent whose office created the unconstitutional Judgment Debt and the 2nd Defendant/Respondent/Judgment Debtor acting wittingly or unwittingly in tandem”.
Amidu is thus appealing to the Supreme Court to make an “an order directed to the 1st Defendant / Respondent, the Attorney General, to enforce the refund of all the total Judgement Debt of €47,365,624.00 (excluding interest thereon) and for the 2nd Defendant / Respondent / Judgment Debtor to obey and carry out the orders and direction of this Court contained in the judgment, orders, and directions of the Court made in favour of the Plaintiff/Applicant herein on behalf of the people of Ghana against the 2nd Defendant / Respondent / Judgment Debtor on 14th June 2013 pursuant to Articles 2 and 129 (4) of the 1992 Constitution after the conclusion of the International Chamber of Commerce Arbitration Case No.20562/TO and the issuance of the Order for Termination of the said arbitration in four of the Republic of Ghana on 30th April 2018 and for such further or other orders as this Honourable Court shall seem meet”.
The Supreme Court has scheduled the hearing of the case on October 16, 2019. The application has been served on Ernesto Taricone, The Chairman of the Trasacco Group and said to be the Controlling Director and shareholder of Wattervile.