Martin Amidu?s muckrake exposes collusion between AAL and state prosecutors
The case cited by former Attorney-General Mr Martin Amidu in his latest epistle on the raging judgment debts debate has revealed a more devious representation of the state by state prosecutors.
But for the vigilance and diligence of the courts, African Automobile Ltd would have fleeced the nation of some GH?14 million placed on a silver platter by the negligence and or collusion of some state prosecutors.
African Automobile Ltd., which is currently claiming a whopping $1.6 billion from the state in respect of some 87 Galloper II vehicles, brought a suit filed on 31 January 2008, against the state.
In its statement of claim, AAL averred that on 27 January 1997, it entered into a vehicles sales and service agreement with the government but this was denied by the state in its Statement of Defence filed on July 10, 2008.
But before then, AAL had secured a default judgment which the Attorney-General succeeded in setting aside.
AAL had sought to recover ?the sum of GH 14,174,693.12 being outstanding sums owed Plaintiff as at 31st January 2008? and interest on the sums from date of judgment until date of final payment.
But in her judgment, the High Court judge, Justice Torkornoo held that the plaintiff had failed to prove the terms of any credible agreement with the Ministry of Information to warrant the payment of the money to it.
Curiously, before the judge delivered this judgment, the representative of the AG rose and told the court that the state had no objection to African Automobile Ltd being awarded the GH?14 million Ghana.
Declining the request, the judge stated that ?My understanding of my role as a judge is that I am required to give judgment on the evidence laid before me and not as directed by the parties. I have a duty to implement the ethic of competence, which requires adjudication based on evaluation of evidence. Instead of entering judgment as submitted by the State, I have chosen to examine the evidence and give my judgment based on the evidence.”
From: Ghana/Malik Abass Daabu/Myjoyonline.com
