AG To Challenge Appeal Court Decision To Discharge Ato Forson, Jakpa In Ambulance Case
The Attorney-General and Minister of Justice, Godfred Yeboah Dame, has expressed his disagreement with the Court of Appeal’s decision to acquit and discharge the Minority Leader, Cassiel Ato Forson, and businessman, Richard Jakpa, in the ongoing ambulance purchase trial.
The decision came from a three-member panel, with a 2-1 split, that ruled Justice Afia Serwah Asare-Botwe’s March 30th, 2023 decision, which required the accused to open their defence, was incorrect. On Tuesday, the Court of Appeal overturned a previous High Court order requiring Ajumako-Enyan-Esiam MP Ato Forson and Richard Jakpa to open their defence.
Forson and Jakpa had been charged with allegedly causing a financial loss of €2.37 million to the state in a deal to procure ambulances for the Government of Ghana. The Court of Appeal’s ruling nullifies Justice Afia Serwaa Asare Botwe’s directive, who had dismissed Forson’s submission of no case and ordered him to present his defence. Forson had argued that there was no case for him to answer, but this was initially rejected by the trial judge. Similarly, Jakpa’s submission of no case was also dismissed, leading him to call several witnesses in his defence.
The panel was presided over by Justice Alex Poku-Acheampong, with Justices Philip Bright Mensah and Kweku Tawiah Ackaah-Boafo completing the panel.
In response, the Attorney-General issued a statement describing the decision as “inimical to the fight against impunity and abuse of public office” and announced plans to appeal to the Supreme Court. The Attorney-General argued that the Court of Appeal’s decision undermines public accountability and the rule of law and is heavily against the weight of the evidence presented by the prosecution. The Office intends to promptly file an appeal to counter what it views as an erroneous decision by the Court of Appeal.
A-G’s PRESS RELEASE:
RE: REPUBLIC Vrs. 1. CASSIEL ATO FORSON & 2 OTHERS
1. On 30th July 2024, the Court of Appeal, by a split 2-1 decision, allowed an appeal against the ruling of the High Court, Accra, dated 30th March 2023, dismissing a submission of no case filed by the accused persons and ordering them to open their defence.
2. The Office of the Attorney-General considers the decision of the Court of Appeal to be perverse in the quest for public accountability and the rule of law. The decision is heavily against the weight of the cogent evidence led by the prosecution in substantiation of all the charges against the accused persons at the trial.
3. The relevant facts of the matter, as borne out by the undisputed evidence led so far, show that:
i. Vehicles purporting to be ambulances were imported into the country in December 2014 in violation of the contract governing the transaction.
According to the AG, it considers the decision of the Court of Appeal to be perverse in the quest for public accountability and the rule of law.
ii. The then Minister for Health, Ms. Sherry Aryittey, had cautioned in writing against the importation of the vehicles into the country. There was thus no request by the Ministry of Health for the vehicles to be imported into the country or for the letters of credit, which were the means of payment for the vehicles under the contract, to be established.
iii. With no request from the Ministry of Health or any authorisation whatsoever, and at a time that the period for supply of the ambulances under the contract had even lapsed, the first accused, Cassiel Ato Forson, by letters dated 7th and 14th August 2014, instructed the Bank of Ghana and the Controller and Accountant-General to issue letters of credit for the payment for the vehicles.
iv. The letters of credit were consequently established on 18th August 2014. Big Sea General Trading LLC, the suppliers of the vehicles based in Dubai, whose contract had no parliamentary approval, proceeded to ship the vehicles on receipt of the letters of credit.
v. When the vehicles arrived, they were not of the kind specified in the contract. Further, apart from the absence of basic parts and equipment required for an ambulance, the National Ambulance Service and the Ministry of Health noted serious defects with every material part of the vehicles.
vi. Such was the fundamental nature of the defects that a former Minister for Health, Alex Segbefia described the vehicles as “ordinary vans” not fit for purpose. IA report on the vehicles by the authorised dealers in Mercedes Benz, commissioned by the Ministry of Health in 2015 to assess the vehicles (tendered in evidence by the prosecution, stated that the vehicles could never be converted into ambulances.
vii. The defects were so irremediable that from the time the vehicles started arriving in December, 2014 up to January, 2017 when the erstwhile John Mahama administration left office, they could not be converted into ambulances.
4. The Office of the Attorney-General considers the decision of the Court of Appeal grossly unfair to the nation and inimical to the fight against impunity and abuse in public office. The Office will promptly file an appeal to erase the effect of this erroneous decision of the Court of Appeal.
