Accra, Jan. 18, GNA- Mr Yaw Osafo Marfo, former Finance Minister was in court on Wednesday to battle his decision not to appear before the Economic and Organised Crime Office (EOCO).

President John Evans Atta Mills has directed EOCO to investigate circumstances surrounding the payment of judgment debt of GH?58,905,974.13 to Mr Alfred Agbesi Woyome, a businessman who fronted contract for the construction of stadia for Confederation of African Nations (CAN) 2008.

At the High Court, the presiding judge Mr Justice Sir Dennis Adjei indicated that there was a letter from EOCO saying their counsel was indisposed. Attached to the letter was the medical form of EOCO’s counsel.

Mr Godfred Yeboah Dame, who represented Mr Marfo, drew the court’s attention to the fact that EOCO was continuing with investigations despite the current action.

He noted that the institution of a contempt action was not going to remedy the situation at hand.

The court therefore asked parties in the matter not to take any action that would prejudice the case and adjourned the matter to February 27. Mr Marfo had gone to court to seek a declaration that the purported investigations embarked on by EOCO into “suspected serious offences including fraud in the award and execution of contract for the construction of stadia for CAN 2008” and an invitation by EOCO to assist in that investigation were bias, prejudiced and unlawful under the nation’s Constitution.

He said his invitation was unlawful because the issues raised in the report of the Auditor General had been duly laid before Parliament. Mr Marfo is further seeking a declaration that circumstances involving the payment of

GH? 58,095,974.13 cedis to Mr Woyome and utterances of President John Evans Attah Mills, Deputy Attorney General, Mr Ebo Barton-Odro and the EOCO disabled the EOCO from acting in a manner which is fair and reasonable.

He is therefore seeking an order of perpetual injection restraining the EOCO from proceeding with the investigations and other reliefs that the court may deem fit.

In a statement of claim, the former Finance Minister recounted how Mr Woyome’s money was paid based on a consent judgment between him (Woyome) and the Government.

According to Mr Marfo, payment of the judgment debt had generated public outcry therefore, President Mills and Mr Barton-Odro were compelled to make public statement on same to sections of the media. More significantly, he said President Mills definitively asserted negligence and wrongdoing on the part of some key personalities in President Kufuor's Administration.

Plaintiff noted that owning to public outcry, President Mills asked EOCO to investigate the alleged award and execution of the contract for the construction of the stadia for CAN 2008.

He said the directive by President MIlls “Is a ruse in furtherance of President Mills agenda to divert attention and calculated at vindicating his prior public pronouncement of wrongdoing and impropriety by key member of the erstwhile NPP (New Patriotic Party) administration.”

The plaintiff avers that exhibition of bias and prejudice against key personalities including him, the EOCO cannot be trusted to carry out any fair or impartial investigations in relevant issues in controversy.

According to the Plaintiff, the EOCO is not an arm, branch or agent of the Auditor- General and thus it had no business investigating matters which impinge on issues raised in the Auditor General’s report, and therefore the investigations it purported to be carrying out at a time when Parliament is privy is manifestly unlawful.

“In the light of the mandatory provision of Article 187 of the Constitution of Ghana, Parliament is the only body constitutionally mandated to investigate matters arising out of the reports of the Auditor-General.”