Tuesday, May 20, 2014

AG BEFORE JUDGEMENT DEBT COMMISSION

Posted on: www.dailyguideghana.com
By William Yaw Owusu
Tuesday, May 20, 2014

A representative from the Attorney General’s Department yesterday appeared before the Commission of Enquiry investigating the payment of judgement debts to explain the circumstances leading to payments made to claimants.

Mrs. Dorothy Afriyie-Ansah, a Chief State Attorney confirmed to the commission presided over by Justice Yaw Apau of the Court of Appeal that the family of Victor Adu Nyarko, then nurse with the Holy Family Hospital at Nkawkaw was paid compensation.

She however, said the AG was yet to locate the file of a case involving Kwasi Agyei and two others whose vehicle collided with a military fire tender around Kintampo, leading to the deaths of two people.

She also said her office was yet to receive a subpoena from the commission in respect of Sarroch Grandulati/Gelfi Joint Venture versus Ministry of Roads and Highways concerning the Asafo Interchange in Kumasi although Dometi Kofi Sorkpor, counsel for the commission had said there was proof of service of the subpoena.

The ‘Commission of Enquiry into the payment of Judgement Debt and Akin’ under C.I. 79 to investigate the frivolous and dubious payments of huge monies to undeserving individuals and companies, was appointed by President John Dramani Mahama after public uproar over the payments in what has now come to be termed as Judgement Debts (JD).

Notable among them were payments made to CP (€94 million) and the never-ending case of GH¢51.2million parted to the self-styled National Democratic Congress (NDC) financier, Alfred Agbesi Woyome, both of which many believed were dubious and frivolous.

Kwadwo Awua-Peasah, the ministry’s Director in charge of External Resource Mobilization (Bilateral), testified at the commission last week to confirm that they processed GH¢15,975.20 as compensation for the family of the deceased Victor Adu Nyarko, then nurse with the Holy Family Hospital at Nkawkaw.

The commission had heard that when some soldiers were critically injured in a road accident, Mr. Adu Nyarko who studied Nursing in the United Kingdom, was asked to accompany them to 37 Military Hospital, Accra by air but the plane crashed in the Atiwa Forest killing all those on board.

The families of the deceased soldiers were paid compensation but Mr. Adu Nyarko’s family was discriminated against by the military.

Alidu Fuseini, Chief Director of Ministry of Defence flanked by Group Captain Mike Kwame Appiah-Agyekum had testified that documents available indicated that families of the deceased soldiers were paid compensation but they did not have any record indicating Mr. Adu Nyarko’s family got any compensation.

Group Captain Appiah-Agyekum had told the commission that any civilian who uses military aircraft, vehicles and other equipment was mandated for complete what he called an indemnity form and that absolved the military from any liability should there be an accident adding “the case of the nurse lies in the legal realm.”

Mrs Afriyie Ansah confirmed the GH¢15,975.20 paid to the deceased family and said “there is no breakdown. It was a lump sum that was recommended.”
Asked by the Sole Commissioner how the AG came by the total amount, the Chief State Attorney said they based their calculation on assessments done in previous cases.

In a related development, Peter Abban, a claimant who had gone to court to obtain judgment debt under the claim that his property was demolished when the Kanda Highway in Accra was constructed is to appear before the commission today.


Evidence available to the commission indicated that although he did not deserve compensation per documents at the Department of Urban Roads, he succeeded in taking home over ¢2billion from the government.

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