Who Paid Alfred Woyome The Ghc42million Judgment Debt?

It’s Evidently Not Betty Mould.

*ORGANIZED YOUTH OF ASHANTI **PRESS STATEMENT**;***

*WHO PAID ALFRED WOYOME THE GHC42MILLION JUDGMENT DEBT?*

*IT’S EVIDENTLY NOT BETTY MOULD. *

After conscientious investigations by the Organized Youth of Ashanti, the group wants to share with the general public what its findings have been.

It has been established that the Hon. Minister of Education, Hon Betty Mould-Iddrisu who was the Minister of Justice and Attorney General (AG) cannot be blamed by any political party, organization or agency for any wrong doing.

In May 2003, the Cabinet under the administration of President Kufour gave a final approval to the then Minister of Education, Youth and Sports Hon. Yaw Osafo Marfo to bid for the hosting of the 26th African Cup of Nations tournament, CAN 2008.

On July 8, 2004, Ghana was awarded the right to host the tournament and a bid for the construction of the stadia was published on January 6, 2005.

Our investigations revealed *15 FACTS* backed with documentary evidence;

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*FACT 1*

Between April 12 and July 4, 2005, twelve (12) firms were shortlisted. These firms were required to offer proof of funding, detailed drawings and programme of works. Bids were then opened on July 4, 2005 for evaluation. It included Vamed Engineering led by Alfred Wayome.

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***FACT 2* **

CAN 2008 Sub – Committee on Finance which was headed by the then Deputy Governor of the Bank of Ghana, Mr. Lionel Van Lare Dosoo recommended Vamed Engineering for the Contract as per a memo from the sub-committee to the Hon. Yaw Osafo Marfo dated July 22, 2005.

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*FACT 3*

On May 4, 2005, the then Deputy Minister of Finance & Economic Planning, Hon. Kwaku Agyeman-Manu wrote a letter of introduction to three (3) different International Banks about Mr. Alfred Wayome and Vamed Engineering. These Banks are; RAIFFEISEN ZENTRAL BANK – OSTERREICH AG, BANK AUSTRIA CREDIT ANSTALT AG, EXIM BANK – WASHINTON DC.

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*FACT 4*

In a letter dated August 5, 2005, the Central Tender Board Committee (CTBC) wrote to Hon. Yaw Osafo Marfo and gave approval for the award of contract to Vamed Engineering.

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*FACT 5*

The then Deputy Minister of Education and Sports, Hon. O. B. Amoah wrote a letter to Waterville on February 6, 2005. The letter read in part “… Hon. Minister of Education and Sports has no objection to your moving to the sites to commence evacuation and demolition exercises for the rehabilitation and upgrading of the Accra, Kumasi and El-Wak Stadia”.

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*FACT 6*

Funding was secured by the Wayome-led consortium on behalf of the Government of Ghana (GOG). Wayome made a presentation before the Technical Evaluation Committee spelling out the details of the funding proposals. The consortium had secured a total of 1.1 billion euro which they had made available to the GOG with a grant element of 36.97%. This was made up of the following:

· Sports Stadia and facilities 764,117,646 euro

· Hospitals and Wellness Centre 329,411,765 euro

· GAEC, Cobalt 60 Irradiation Plant & Tissue Cultural Facilities 12,941,176 euro

TOTAL 1,106,470,587 euro

*FACT 7*

President Kufour strongly pushed the idea to consider proposals from a Chinese firm Shanghai Construction, which did not in any way participate in the International Competitive tendering process that took place at the time. And that Hon. Yaw Osafo Marfo in a memo dated July 27, 2005 to Cabinet advised against this push. On Aug 5, 2005 – CTRB Concurrent approval was signed to the Ministry and Entity; But on Aug 22, 2005 following the wish of President Kufour, the contract was abrogated in clear violation of section 65 of the Procurement Law.

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*FACT 8*

Mr. Afred Wayome made claims which dated back as 2005 for a compensation of 4% of the total contract sum but this was negotiated down to 2% of the contract sum following advice from the Project Consultants, the former Chief Operating Officer of the LOC and the Ministry of Finance.

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*FACT 9*

The Ministry of Finance advised for the payment of the claim to Woyome. This was contained in a letter from the Ministry of Finance and Economic Planning to the AG signed for the Minister by the Director, Legal Mr. Paul Asimenu and dated March 25, 2010. The item 8 on the letter read “Regarding the legitimacy of the claim for financial engineering we would like to state that it is a cost that is chargeable internationally and may range from 0.5% - 5% of the contracted sum. The actual fee paid under international best practice however depends on the type of project, its complexity and amount of work involved. This may involve retaining insurance companies to underwrite aspects of the cost of the facility.”

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*FACT 10*

The AG (Betty Mould) after studying the facts and the law entered into negotiations with Mr. Wayome and settled for an amount of GHC 41,811,480.59.

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*FACT 11*

The State failed to pay the negotiated amount and so Wayome took legal action against the State and obtained a Judgment of over GHC100million on May 24, 2010. And following the judgment, the AG met with Wayome and his solicitors on May 27, 2010 and renegotiated the debt and Wayome agreed to accept payment of the amount of GHC 41,811,480.59 with costs.

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*FACT 12*

In a letter dated May 28, 2010 from the AG to the Minister of Finance & Economic Planning, the AG advised that the State pays Mr. Wayome and Austro-Invest the negotiated amount.

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*FACT 13*

Following a writ filed by the AG subsequent to the judgment, the High Court granted a partial stay of execution of the terms of settlement but ordered that the first installment of GHC 17,094,493.53 that was due Alfred Wayome on June 30, 2010 as per the terms of settlement plus interest accruing thereon should be paid to Mr. Wayome pending the final determination of the suit between the parties. The Court also directed Wayome to give an undertaking to refund the money paid him should the final determination of the Court go against him. Wayome indeed gave the undertaking and filed it in Court on September 7, 2010.

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*FACT 14*

In a letter dated September 15, 2010 from the AG to the Minister of Finance, the AG requested the Finance Minister to pay the amount as ordered by the Court. The concluding part of the letter read “I will be grateful therefore if you could authorize the payment of the amount of GHC 17,094,493.53 to Mr. Alfred Wayome”.

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*FACT 15*

Alfred Woyome was paid by the State in October 2011 (one clear year after the court order) when Hon. Betty Mould had been moved to the Ministry of Education.

To conclude, the AG did not authorize, propose or recommend further payments beyond the order of the Court to be paid to Mr. Wayome.

The big question yet to be answered by our investigations is WHY ARE THE OPPOSITION AND SOME MEMBERS OF THE NDC CALLING FOR THE HEAD OF THE FORMER ATTORNEY GENERAL AND CURRENT MINISTER OF EDUCATION.

STAND BY FOR MORE.

Electronically signed

BROGYA GENFI

(FOUNDER)

0249582140, 0208377704

-- BROGYA GENFI (ARMANI) MOBILE: +233 24 958 2140 +233 20 837 7704 BOX 1400, ADUM - KUMASI GHANA - W/AFRICA