The High Court has announced that it will not proceed with the ambulance case involving Minority Leader Dr. Cassiel Ato Forson and Richard Jakpa, following the recent decision by the Court of Appeal to acquit and discharge the accused persons.
The High Court was scheduled to convene on Tuesday, July 30. However, the Court of Appeal, today, upheld an appeal by Minority Leader and former Deputy Finance Minister, Dr. Cassiel Ato Forson, overturning the Financial and Economic Court’s decision.
The trio; Dr. Forson, Seth Anemana, a former Chief Director at the Ministry of Health, and businessman Richard Jakpa, who faced charges of willfully causing financial loss to the state through the purchase of ambulances that were unfit for their intended use, were instructed to present their defenses.
This is after the Attorney General’s office established a prima facie case against him in connection with the €2.37 million ambulance procurement.
After the prosecution closed its case, Dr. Forson’s legal team filed a submission of no case. However, on March 30, 2023, the presiding judge, Justice Afia Serwah Asare Botwe, ruled that the accused should present their defenses.
On July 30, the Court of Appeal ruled that the High Court’s decision should be set aside, stating that “the prosecution failed to establish sufficient evidence. The trial judge erred in calling on A1 (Dr. Cassiel Ato Forson) to open his defense. No positively proven facts. Evidence based on impermissible speculations. There is no link between the evidence heard and what happened for the third accused to be called to open defense.”
The three-judge panel acquitted and discharged the accused, noting that any financial loss should be attributed to the Ministry of Health’s recklessness.
The court stated, “If there is any financial loss, that was based on the Health Ministry’s recklessness and should be blamed on the Ministry of Health. If they worked in the interest of the state, the whole ambulance issue would have been dealt with. Both appellants have made a case for them to be acquitted and discharged.”
Meanwhile, the Attorney General and Minister of Justice, Godfred Yeboah Dame, has criticized the Court of Appeal’s decision to acquit Minority Leader Cassiel Ato Forson and businessman Richard Jakpa, stating that it undermines the fight against abuse in public office.
In a statement issued shortly after the ruling, Godfred Dame asserted that his office “considers the decision of the Court of Appeal to be perverse in the quest for public accountability and the rule of law. The decision clearly 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.”
Dame further elaborated on the ‘relevant facts of the matter’ and concluded that “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 in order to erase the effect of this erroneous decision of the Court of Appeal.”