He is, therefore, still in custody, pending appeal for the variation of the bail terms.
At the Financial Division of the Accra High Court Wednesday, attempts by his lawyers to have the bail terms varied did not materialise because the Attorney-General was short-served with the motion and needed time to respond to it.
The rule is that three clear days are required for the hearing of a motion when it is filed and a party which is not given three days is said to be short-served, for which reason the other party must be given three days within which to respond if it wished.
Consequently, the court, presided over by Justice John Ajet-Nasam, adjourned the matter to February 16, 2012.
Lawyers for Woyome, Mr Robertson Kpatsah and Alhaji Musah Ahmed, were in court very early to take the motion for variation of the bail terms but the representatives of the A-G had not arrived in court.
Counsel, however, informed the court that representatives of the A-G were on their way to the court and for that reason the matter be stood down.
The judge obliged and stood down the matter about 9.35 a.m. until 10 a.m. when it was recalled, on the arrival of the state prosecutors.
Mr Kpatsah told the court that the issue before it related to the conditions of bail which were entirely within the discretion of the judge. However, if the state was asking for time, then it should be given today.
A Chief State Attorney, Ms Cynthia Lamptey, said her office was served at the close of day on February 14, 2012 and for that reason it needed some time to respond appropriately.
Justice Ajet-Nasam said at the court’s last sitting when bail was granted to the applicant, the A-G did not object to the bail and so “if, today, they say they need time to react, nobody knows what the A-G has to say”.
“I believe the rules of procedure need to be followed. We do not need to twist the rules, while judicial discretion should also be exercised judiciously,” he said and adjourned the matter.
Woyome was in court but it was agreed that his presence was not relevant in the matter and he should not be brought to court.
Woyome is standing trial with a Chief State Attorney, Samuel Nerquaye-Tetteh; the Director of Legal Services at the Ministry of Finance and Economic Planning, Paul Asimenu, and Nerquaye-Tetteh’s wife, Gifty, into whose account Woyome had deposited GH¢400,000.
Woyome is alleged to have put in false claims to defraud the state to the tune of GH¢51.2 million, with the active connivance and assistance of Nerquaye-Tetteh and Asimenu. The three were remanded on February 6, 2012 but were granted bail when they appeared before the court Wednesday.
Nerquaye-Tetteh and Asimenu had been granted bail in the sum of GH¢6,000 each, with two sureties each, one each to be justified.
The court ordered each of the accused persons to report himself twice a week to the police.
Woyome has pleaded not guilty to three counts of conspiracy, defrauding by false pretence and corrupting a public officer.
Nerquaye-Tetteh has also pleaded not guilty to two counts of conspiracy and corruption of public officer, while his wife also pleaded not guilty to one count of abetment of crime.
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