The Attorney-General has strongly opposed Dr. Cassiel Ato Forson‘s recent application to the High Court, calling it a “smokescreen” designed to avoid prosecution.
The Minority Leader in Parliament, Dr. Forson, is facing charges of wilfully causing financial loss to the state in a controversial ambulance procurement case.
Dr. Forson, who is the first accused in the case, has however accused the Attorney-General, Godfred Yeboah Dame, of attempting to manipulate the trial by allegedly trying to recruit the third accused, Richard Jakpa, to aid in his prosecution.
Dr. Forson filed an application for an inquiry into the A-G’s conduct following allegations from Richard Jakpa claiming that the A-G tried to recruit him to help prosecute Dr. Forson
In his application, Dr. Forson seeks an order to investigate the Attorney-General’s conduct, an order of mistrial, and an injunction or stay of proceedings in the criminal case. He argues that the Attorney-General’s actions constitute an abuse of court processes and violate constitutional obligations.
In a detailed affidavit, the A-G’s office firmly dismissed the application as baseless and an attempt to obstruct justice. The affidavit states, “The instant application is a smokescreen and a veiled attempt by the applicant to abort his legitimate prosecution for actions committed as a public officer which led to the State losing colossal amounts of funds. Same is incompetent as no one has immunity from prosecution under the laws of Ghana.”
The A-G’s affidavit argues that no valid legal grounds support Dr. Forson’s requests and maintains that the prosecution has conducted its duties fairly and justly. “The Attorney-General has always served the Republic of Ghana diligently and without fear or favor to all manner of persons, including the applicant herein,” the affidavit asserts.
Addressing specific allegations, the affidavit clarifies that the dismissal of Dr. Sylvester Anemana from the case was due to severe illness, not any exculpatory evidence favoring Dr. Forson. It also highlights that the prosecution has provided strong evidence, leading to a prima facie case against all accused.
“The Respondent states that a suspicion about the prosecution or motives for prosecution is not evidence upon which the court makes decisions and therefore the instant application is completely frivolous,” the A-G’s affidavit declares.
This rebuttal underscores the A-G’s stance that the trial should proceed without interruption, emphasizing the principle of equality before the law and rejecting any attempts to evade justice through unfounded allegations.
Background
Dr. Ato Forson and Richard Jakpa are accused of causing financial loss to the state through the procurement of defective ambulances worth €2.4 million.
The case has sparked significant public interest, with the recent developments adding another layer of complexity to the ongoing legal battle.
Affidavit in Opposition to … by The Independent Ghana