005078
Republic of Ghana, because the contracts, being of an international nature, ought to
have been approved by Parliament.
13.On 14 June 2013, the Ordinary Bench of the Supreme Court found that the contracts
were unconstitutionally awarded and therefore invalid and that the Applicant was not
a party to the contracts. The Ordinary Bench, however did not order the Applicant to
refund the money already paid to him by the Respondent State, but directed Waterville
Holding Ltd (BVI) Company to refund the Respondent State all sums of money paid
to it. The
Ordinary
Bench
further directed the Plaintiff, Mr.
Martin Amidu,
to seek
redress before the High Court with respect to the issues regarding the Applicant.
14. Dissatisfied with the decision of the Ordinary Bench, with respect to the Applicant, Mr.
Martin Amidu filed an Application for Review before the Review Bench of the Supreme
Court. By a unanimous decision, the Review Bench, in its Judgment of 29 July 2014,
confirmed the decision of the Ordinary Bench on the issue of unconstitutionality of the
contracts. In addition, it ordered the Applicant to refund the money to the Respondent
State.
C. Alleged violations
15.The Applicant alleges that in relation to the judgment of the Review
Bench
of the
Supreme Court, the following rights protected by the Charter have been violated:
i. Right to non-discrimination, guaranteed under Article 2;
il. Right to equality before the law and equal protection of the law, guaranteed
under Article 3; and
iii. Right to have one’s cause heard, guaranteed under Article 7.
* Article 181(5) provides that this article shall, with the necessary modifications by Parliament, apply to an
international business or economic transaction to which the Government is a party as it applies to a loan.
An ee