The Office of the Attorney General has appealed the Court of Appeal’s ruling that acquitted and cleared Minority Leader Dr. Cassiel Ato Forson and Richard Jakpa in the ambulance procurement case.
In a Notice of Appeal filed on August 8, 2024, the AG argued that the majority decision incorrectly applied the standard of proof required to determine whether the accused should have been called to defend themselves.
The appeal also challenges the majority’s conclusion that the letters of credit did not constitute payment under the contract, arguing that this finding contradicts the evidence presented and is unsupportable.
Furthermore, the appeal criticizes the majority’s ruling that the Ministry of Health was to blame for the financial loss, claiming it contained significant errors and led to a serious miscarriage of justice.
The Attorney General is requesting that the Supreme Court overturn the acquittal and discharge, and order the accused to proceed with their defence.
Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, also known as Chairman Wontumi, has compared his prowess in speaking English to that of the Minority Leader in Parliament, Dr. Cassiel Ato Forson.
According to him, Dr. Ato Forson is no better than him when it comes to the English language since they both make errors.
He further teased the Minority Leader, suggesting that Dr. Forson does not directly generate money by speaking English.
In an interview on Abusua FM, Chairman Wontumi said, “As for Ato Forson, he speaks no better English than my broken English. We all make the same grammatical mistakes. It’s just that when I speak my English, it brings money.”
Chairman Wontumi has on several occasions made some basic errors when speaking English. Some Ghanaians believe the local dialect, Twi, suits Wontumi best.
Ok guys let's vote. Between Chairman Wontumi and Cassel Ato Forson who speaks better English? pic.twitter.com/BZpTYRBw6w
— #GhanaRemembers🗨🇫🇷🇬🇭 (@GhanaPoliticalU) August 7, 2024
Vice President of IMANI Africa, Bright Simons, has emphasised that the trial of Dr. Cassiel Ato Forson, former Deputy Finance Minister and Minority Leader, over the ambulance issue is a blatant example of political persecution.
Simons argued that the trial aims to weaken democratic accountability and, in his article “Ghana’s Ambulance Saga is Crazier Than You Think,” he suggested that Dr. Forson has been unfairly targeted.
“Coming in the wake of the government’s biggest second-term crisis in the newly split parliament, the prosecution was immediately condemned by some independent analysts, myself included, as pure political persecution and an attempt to undermine democratic accountability,” he stated.
He further stated, “It was apparent then, as it is now, that the MP had been unfairly targeted, and some of us said so.”
On Tuesday, July 30, the Court of Appeal acquitted and discharged Dr Forson, thereby overturning the trial Court’s order for him to present his defence in the case.
The ambulance case involving Dr. Cassiel Ato Forson, former Deputy Finance Minister, and businessman Richard Jakpa centers on allegations of financial misconduct in the procurement of ambulances for Ghana’s Ministry of Health.
The case dates back to 2014, when the Ministry of Health signed a contract with Big Sea General Trading Limited for the supply of 200 ambulances. Dr. Forson, who was then the Deputy Finance Minister, authorised the release of €2.37 million for the purchase of the first 30 ambulances.
The prosecution claims that these ambulances were defective and did not meet the required specifications, leading to financial loss to the state.
Richard Jakpa, involved in facilitating the transaction, is also accused of playing a role in the procurement process that allegedly led to the delivery of substandard vehicles.
Both Dr. Forson and Jakpa face charges, including wilfully causing financial loss to the state, and their trial has sparked debates over whether it is a legitimate pursuit of accountability or a case of political persecution.
Private legal practitioner, Bobby Banson, has advocated for the Attorney General to appeal the acquittal of Dr. Cassiel Ato Forson and Richard Jakpa in the ambulance procurement trial, emphasizing the significance of such an action for democracy and the rule of law.
Godfred Yeboah Dame, the Attorney-General and Minister of Justice, recently announced his intention to challenge the Court of Appeal’s verdict in the ambulance case, which exonerated the Minority Leader and the third accused on July 30.
The Court of Appeal, in a 2:1 decision, overturned the trial court’s directive for the defendants to present their defense in the ongoing ambulance procurement trial. Justices Kweku Tawiah Ackah-Boafo and Philip Bright Mensah upheld the defendants’ no-case appeal, while Justice Alex Poku Acheampong dissented.
The defendants had faced allegations of causing a financial loss of €2.37 million to the state in an ambulance procurement deal for the Government of Ghana. Mr. Dame has argued that the court’s decision undermines efforts to combat impunity and uphold the rule of law, prompting his resolve to appeal the ruling.
Speaking with Bernard Avle on the Point of View on Channel One TV, Banson stated, “For the sake of the law I would wish that AG appeal…They say there are some exceptions. It is only the Supreme Court that can tell us whether these exceptions are here or not, but I must be quick to add that even though the court of appeal ultimately upheld the appeal filed, it is not every submission that was made by the accused persons or the appellants that was upheld by Justice Ackah-Boafo.”
He elaborated, “So for instance Justice Ackah-Boafo struck out almost all the grounds of appeal that was filed but ultimately rested the decision on the grounds of whether or not the submissions were supported by the evidence that was adduced…So it will be interesting to see if the AG indeed files the notice of appeal how it will go.”
Banson’s remarks underline the importance of pursuing an appeal to ensure the integrity of legal processes and strengthen democratic principles in the country.
Flagbearer of the National Democratic Congress (NDC), John Mahama, has praised the Court of Appeal’s decision to acquit and discharge Minority Leader Dr. Cassiel Ato Forson in the ambulance procurement case.
He stated that this outcome strengthens his belief that the trial, led by Attorney General Godfred Dame, was politically motivated.
This follows the acquittal and discharge of the third accused, Richard Jakpa, and Minority Leader Cassiel Ato Forson on Tuesday, who were previously charged with causing financial loss to the state.
Describing it as good news, he explained that “this is a victory for the rule of law and confirms my long-held view that the whole case was political persecution.”
The appeal was filed some time ago after the High Court dismissed a no-case petition.
The former President expressed his pleasant surprise at the verdict, viewing it as evidence that justice still prevails in the country.
“It shows that we still have justice in this country, and we can work to make the judiciary what we want it to be,” Mr Mahama stated in a social media post.
He reiterated his dedication to judicial reforms, promising to appoint an impartial Minister for Justice.
“I pledge to appoint a fair minded Minister for Justice who will work with the legal fraternity and the Judicial Council to carry out reforms to ensure we have a truly independent judiciary we can all be proud of.”
The Court of Appeal cleared Minority Leader Dr. Cassiel Ato Forson and Richard Jakpa, the third accused, in the Ambulance Case.
This 2:1 ruling reversed an earlier decision by the trial court that had mandated Dr. Forson and Jakpa to present their defense.
The charges against them involved allegedly causing a financial loss of €2.37 million to the state through a deal for procuring ambulances for the Government of Ghana.
In the 2:1 verdict, Justice Alex Poku Acheampong, who presided, was in dissent, while Justices Kweku Tawiah ACKAH-Boafo and Philip Bright Mensah supported the accused’s pleas.
Attached is a certified copy of the Court of Appeal’s judgment. The Attorney General has announced plans to appeal the court’s decision.
The Minority in Parliament rejoiced over the Court of Appeal’s decision to acquit their leader, Dr. Cassiel Ato Forson, in the progressive ambulance case, in the aftermath of a 2-1 verdict.
This ruling, which came after an appeal concerning the no-case submission by Dr. Forson’s legal team, brings to a close a nearly two-year-long legal battle.
According to Parliamentary Affairs correspondent Ohene Ampomsah, the Minority cheered as Dr. Forson made his entrance into the Chamber.
Former Minority Leader Haruna Iddrisu commended the judiciary for their work and advised the Attorney General against pursuing further appeals.
Majority Leader Alexander Afenyo Markin also celebrated the outcome, underscoring the importance of judicial neutrality and urging against political influence to ensure effective justice.
The Majority Leader, Alexander Afenyo-Markin, has extended his congratulations to Dr. Cassiel Ato Forson, following the recent dismissal of charges in the ambulance procurement trial.
Speaking on the floor on Tuesday, July 30, Afenyo-Markin commended Dr. Ato Forson, stating that his victory in the ambulance trial is beneficial for the country’s democracy.
“I celebrate in your victory and you know how much it means to democracy in the country… Dr. Forson, congratulations. It is a hard-won victory; it is good for democracy,” he said.
Mr. Afenyo-Markin’s comment comes after the Court of Appeal acquitted and discharged the Minority Leader and Richard Jakpa, the third accused in the ambulance procurement trial.
He urged the Minority to respect the judiciary and its independence, regardless of the outcomes of future trials.
“I want to encourage you and your colleagues that it shouldn’t be that today you have won so the judiciary is independent…it shouldn’t be that you lose tomorrow and attack the judiciary,” Afenyo-Markin said.
The Majority Leader also called on the Minority to consistently uphold democratic principles and not selectively celebrate judicial decisions based on favorable outcomes. “Be able to take some of the punches,” he urged.
Additionally, he advised Dr. Ato Forson and his colleagues not to use Parliament as a platform to criticize the Attorney General, noting that the AG does not have the right to audience in the House.
Afenyo-Markin addressed concerns about the perception of the Supreme Court being seen as a body for handling partisan-political cases, asserting that it is not the case.
He emphasized that disagreements with the system should be addressed through the appropriate legal channels.
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.”
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.
Ato Forson and Jakpa were accused of causing a financial loss of €2.37 million to the state in a deal to purchase 200 ambulances between 2014 and 2016.
The Court of Appeal ruled that the two had no case to answer, overturning the earlier High Court decision that required the trial to proceed, during which Jakpa, the third accused, had to call several witnesses.
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.”
Meanwhile, Cassiel Ato Forson has expressed his gratitude to God Almighty for his acquittal, marking the end of years of legal battles.
The Minority Leader, Dr. Ato Forson, has expressed his gratitude to God after the Court of Appeal’s ruling, which acquitted and discharged him in the ongoing ambulance case.
The Court of Appeal’s decision on Tuesday, July 30, cleared Dr. Forson and his co-accused, Richard Jakpa, from the charges.
In a Facebook update, Dr. Forson thanked God and referenced Romans 9:14: “What, then, shall we say? Is God unjust? Not at all!”
The Court of Appeal’s ruling overturned the trial court’s earlier directive for Dr. Forson to present his defense.
Previously, on June 6, the High Court in Accra had dismissed Dr. Forson’s request for a mistrial and an investigation into the Attorney General’s actions.
Dr. Forson had submitted a supplementary affidavit on June 3, seeking a mistrial and challenging the proceedings based on a leaked recording. This recording allegedly featured Attorney-General Godfred Yeboah Dame coaching Richard Jakpa to implicate Dr. Forson.
His legal team argued that this alleged misconduct by the Attorney-General justified declaring the prosecution a mistrial.
“It has become necessary to file this affidavit in order to bring to the attention of the Court and in the interest of justice, certain pertinent, material and relevant matters that have a bearing on the fair and just determination of the current application.
“That I say that I have since filing the instant application had the opportunity of listening to a recording widely circulating in the media depicting the voices of the Attorney-General and A3 fervently discussing the evidence the Attorney-General will prefer the said A3 to adduce at the trial. At the hearing of the instant application, my counsel will seek leave of the court to have the said audio recording played in open court.”
The Minority Leader further argued that failure to order a mistrial in such circumstances, where there appears to be a blatant disregard for the rule of law and ethical standards of prosecution by none other than the Attorney-General, could severely undermine public confidence in the judicial process.
The Minority Leader subsequently filed an appeal at the Court of Appeal which has been has been upheld by the Court in a 2:1 majority decision. Businessman Richard Jakpa, the third accused has also been freed by the court.
The Minority in Parliament on the Appointments Committee over lack of consultation over the vetting of some judges nominated by President Akufo-Addo to the Supreme Court.
The Minority said there was no decision to vet the nominees today as the Speaker and his two deputies would not be available due to parliamentary businesses they had to take care of.
Deputy Majority Leader, Patricia Appiagyei, is said to have written to the nominees, informing them of their vetting.
“You unilaterally wrote a letter to the nominees inviting them for vetting without the approval of the Appointments Committee,” Dr Ato Forson, the Minority Leader said.
Despite the letter dated Wednesday, July 31, for the vetting which was not approved, the date for vetting was later altered to today, Tuesday, July 30.
The Minority MPs have expressed their readiness to prevent the vetting from taking place until the right processes are followed.
President Akufo-Addo has nominated two new judges to the Supreme Court bench following their approval by the Judicial Council.
The two are Professor Richard Frimpong Oppong, a legal academic and fellow of the Ghana Academy of Sciences, and Justice Sophia Rosetta Bernasko Essah, a justice of the Court of Appeal.
When the two new nominees are approved by parliament, the current number of justices at the Supreme Court will increase to 17.
The Court of Appeal has acquitted and discharged Minority Leader Dr Cassiel Ato Forson and the third accused in the ongoing ambulance case, Richard Jakpa, overturning a previous order for him to open his defense issued by the trial court.
This development marks a significant turn in the 3-year legal proceedings, exonerating Dr. Ato Forson from the allegations brought against him in the ambulance case.
Dr. Cassiel Ato Forson and Richard Jakpa, a representative for Big Sea, had been accused of causing a financial loss of 2.37 million euros to the state in a deal to purchase 200 ambulances for the country between 2014 and 2016.
An inspection by Silver Star Auto, at the request of the Ministry of Health, revealed that the vehicles were not Duroriginally built as ambulances and were not fit to be converted for that purpose.
During proceedings, Dr Ato Forson’s legal team cited a leaked tape involving a conversation between the Attorney General, Godfred Yeboah Dame, and the third accused, Richard Jakpa, where the Attorney General allegedly attempted to coach Jakpa to implicate Ato Forson in the trial.
His legal thus filed application for a mistrial and an inquiry into the conduct of the Attorney General in the case but the application was dismissed by the High Court in Accra, thereby prompting Dr Ato Forson to open his defence case.
Dr Forson’s legal counsel sought the Court of Appeal, which has set aside the trial court’s decision, effectively clearing Dr. Ato Forson of the need to present a defense in this case.
Professor Jane Naana Opoku-Agyemang, Running Mate to incoming President Mahama;
Fellow Akatamansonians
On behalf of the NDC Minority Caucus inParliament, I bring you very warm greetings
Today, the great NDC is officially launching our campaign and our forward march to victory 2024
Comrades,
our country is in a mess a gargantuan mess a big fat mess! In fact, Ghana is in trouble!
This Akufo-Addo/Bawumia government has been a monumental failure
It has been almost eight (8) years of:
Lies, lies and more lies
Impunity and lawlessness
Recklessness and cluelessness
No Job and Joblessness
No hope and Hopelessness
Hardships, misery and Ahokyer3
Tax, Taxes and more Taxes
Borrowing, more borrowing and over-borrowing
Illegal printing of money and more illegal printing of money at the Bank of Ghana
Wastage
Non-performance It has been almost eight (8) years of:
Poor governance
Massive uncontrolled corruption
State capture
Family and friends
Arrogance of power
I HAVE HEARD SOME GHANAIANS SAY,THEY ARE NOT INTERESTED IN POLITICS AND THAT THEY ARE NOT GOING TO VOTE
I bet, you will have a change of mind if you are aware that:
11.5 million Ghanaians, representing 33.3% of ourpeople, have been thrown into extreme poverty due to the bad policies of President Akufo-Addo and Vice President Alhaji Bawumia
I bet, you will have a change of mind if you are aware that:
8.4 million Ghanaians representing 24.5% of our people went a day without food in 2023, according to Ghana Statistical Service
2 million Ghanaians are facing acute food and nutrition insecurity, according to the World Bank
35% of our employable youth are unemployed (the highest in the Fourth Republic)
1.9 million of our youth are idle with no work, no training and no education, according to the Ghana Statistical Service
Out of Ghana’s population of 33 million, about 22million are jobless
This means 2 out of every 3 Ghanaians are jobless
Another 4.5 million of our people have completelygiven up on their search for jobs out of frustration
50% of our doctors are now working abroad due to poor working conditions, says the Ghana Human Development report I bet, you will have a change of mind if you are aware that:
This government borrowed and overborrowed and have made Ghana bankrupt
Ghana is so broke that the country cannot repay its debt.
Even pensioners were made to suffer crude and painful haircuts
The Bank of Ghana is now bankrupt and policy insolvent
Ghana’s cocoa sector has collapsed
And almost all state-owned enterprises are recording huge losses and collapsing
With this poor scorecard of this Akufo-Addo/ Bawumia government, my fellow countrymen and women:
This is a call to duty!
Don’t sit on the fence!
We owe Ghana a joint effort and communal labour to rescue and reset our dear country
“WALAAHI, WE NEED TO RESCUE OURCOUNTRY”!
“TOUCH WOOD, WE WILL RESET GHANA”!
Our forward march to victory requires not only hard work but also unity, togetherness, purposefulness, concerted effort and extreme vigilance, among others
Minority Leader Dr. Cassiel Ato Forson has expressed his dissatisfaction with the 2024 Mid-Year Budget Review, suggesting it indicates theNew Patriotic Party (NPP) is on the brink of becoming the opposition.
Dr. Forson’s comments came after Finance Minister Dr. Mohammed Amin Adam presented the budget review on Tuesday, July 23.
Dr. Adam’s presentation focused on the government’s efforts to reverse adverse economic trends and manage expenses, reporting a provisional national debt of GH¢742 billion (US$50.9 billion) as of June, which amounts to 70.6% of GDP. He assured that the government is adhering to its budgetary limits.
Despite these assurances, Dr. Forson criticized the review for failing to eliminate certain taxes, including the COVID levy, E-Levy, and Emissions Levy. He argued that these taxes contribute to Ghana’s high tax burden, which is driving businesses and citizens away.
Dr. Forson contended that the government’s lack of innovative solutions reflects a failure to address the country’s urgent economic challenges effectively.
The Minority Leader also referenced the Majority caucus’s jubilation song “Abamu awie,” suggesting that the NPP is now on its way to opposition.
The Minority Leader also referenced the Majority caucus’s jubilation song “Abamu awie,” suggesting that the NPP is now on its way to opposition.
Dr. Forson highlighted that, in his opinion, the review revealed the NPP’s shortcomings in addressing the needs and expectations of Ghanaians.
He urged the government to reassess its approach and implement more impactful policies to rejuvenate the economy and offer greater relief to the public.
“At the very least Ghanaians expected that this mid-year review would have removed or abolished a number of taxes that has made Ghana a high tax regime to the extent that businesses are moving out of the country and the ordinary Ghanian is actually leaving the shores of this country. For example example COVID levy, E-Levy, ‘Borla’ tax, tax on domestic electricity, emission levy.
“Mr Speaker this is a missed opportunity. Mr Speaker instead the ministerdid not announce one single new policy. The minister did not introduce new ideas. Mr Speaker unfortunately Ghana is on autopilot, and our economy is on autopilot…All what I want to tell them, they are bereft of new ideas and I’m happy that they sang’ abamu awie’, you are on your way to opposition,” he stated.
The Minority in Parliament has criticized Dr. Mahamudu Bawumia, the New Patriotic Party’s (NPP) flagbearer, over his recent challenge to the National Democratic Congress (NDC) flagbearer, John Mahama, for a debate ahead of the December elections.
The Majority caucus on Wednesday, July 24, supported the call for Mr. Mahama to accept Dr. Bawumia’s debate invitation, arguing that such a debate would provide Ghanaians with a chance to compare the two parties and assess who is better suited to manage the economy.
However, Dr. Cassiel Ato Forson, speaking in Parliament on Wednesday, dismissed the idea, asserting that a “driver’s mate” [referring to Bawumia] was not qualified to debate an experienced driver [Mahama].
He suggested that the Vice President should first debate the caucus’ spokespersons on the economy and budget before considering a debate with the former president.
Dr. Ato Forson emphasized that Dr. Bawumia lacks the experience to match Mr. Mahama, making a debate unnecessary at this time. According to him, the disparity in experience between the two politicians is too significant to justify a direct debate.
“Mr. Speaker, monkeys they say play by sizes. Mr. Speaker, how can a driver’s mate debate an experienced driver? Mr. Speaker, in this house, the spokesperson for the minority on the issues of finance is Honourable Adongo. The spokesperson for the minority for the issues of the economy is Honourable Kwaku Ricketts Hagan and the spokesperson for the budget for the minority is Honourable Ampem Darko.”
“Mr. Speaker, we all know that the Chairman of the Economic Management Team is the Vice President, so the Vice President can only debate Honourable Adongo. He should debate Honourable Adongo or debate Honourable Ricketts Hagan.”
“A driver’s mate cannot debate an experienced driver. Mr. Speaker that is the fact. So, we throw the challenge, he should debate Honourable Adongo first, Honourable Ampem second, Honourable Ricketts Hagan third before he considers debating former president John Mahama,” he insisted.
Minority Leader Dr. Cassiel Ato Forson has criticized the 2024 Mid-Year Budget Review, declaring that Ghana’s economy is on autopilot under the governing New Patriotic Party (NPP).
His comments came after Finance Minister Dr. Mohammed Amin Adam presented the budget review on Tuesday, July 23, highlighting the government’s efforts to reverse negative economic trends and control expenditures.
Dr. Ato Forson expressed his disappointment, stating that the budget review reflects the NPP’s impending transition to the opposition.
Despite the Finance Minister reporting a provisional total debt of GH¢742 billion (US$50.9 billion) as of June, representing 70.6% of GDP, and assuring that the government is living within its budget, Dr. Ato Forson criticized the review for failing to address key issues.
He condemned the government’s refusal to abolish certain taxes, such as the COVID levy, E-levy, and emission levy, which he believes have contributed to Ghana’s high tax regime and driven businesses and citizens out of the country.
Dr. Ato Forson described the review as a “missed opportunity” lacking new policies and ideas, referencing the majority caucus’s jubilant song “Abamu awie” by asserting that they are “on their way to opposition.”
“At the very least, Ghanaians expected that this mid-year review would have removed or abolished a number of taxes that have made Ghana a high tax regime to the extent that businesses are moving out of the country and ordinary Ghanaians are leaving the shores of this country. For example, the COVID levy, E-levy, ‘Borla’ tax, tax on domestic electricity, and emission levy,” he stated.
“Mr. Speaker, this is a missed opportunity. Mr. Speaker, instead, the minister did not announce one single new policy. The minister did not introduce new ideas. Mr. Speaker, unfortunately, Ghana is on autopilot, and our economy is on autopilot. All I want to tell them is that they are bereft of new ideas, and I’m happy that they sang ‘abamu awie’; you are on your way to opposition,” Dr. Ato Forson concluded.
Minority Leader Dr. Cassiel Ato Forson has expressed strong dissatisfaction with the 2024 mid-year budget, labeling it as uninspiring and hopeless.
The Ajumako-Enyan-Essiam Member of Parliament attributed his sentiments to what he perceives as a consistent pattern of inadequate economic management by the Akufo-Addo administration.
On Tuesday, July 23, Finance Minister Mohammed Amin Adam presented the 2024 mid-year budget review to Parliament.
During his address, Dr. Amin Adam highlighted the government’s commitment to fiscal discipline, assuring that they would stick to budgetary allocations and manage expenditures carefully to avoid overspending.
Despite these assurances, Dr. Ato Forson voiced his concerns to the media in Parliament, urging Ghanaians to prepare for more hardship.
The former Deputy Minister for Finance argued that the government missed an opportunity to provide relief by abolishing certain taxes, which could have eased the burden on Ghanaians and businesses alike.
“This mid-year review leaves many people disappointed and uninspired. It gives no hope to the ordinary Ghanaian that anything will be done to change the unbearable hardships that confront the people of Ghana,” Dr. Ato Forson stated.
He further criticized the government’s track record over the past eight years, highlighting the heavy tax burdens imposed on businesses and individuals.
“In the last eight years, Akufo-Addo and Bawumia have burdened Ghanaian businesses and individuals with a high tax regime,” he added.
At the Financial Division of the High Court in Accra, today, Thursday, July 18, the Military Secretary, Air Commodore Adu Gyamfi, testified, detailing a businessman, Richard Jakpa’s involvement in misconduct during his service in the Ghana Armed Forces (GAF).
The ongoing trial involves Richard Jakpa, Minority Leader, Dr. Cassiel Ato Forson, former Chief Director of the Ministry of Health, Sylvester Anemana and a former Deputy Minister of Finance.
They are accused of causing financial loss in a deal to procure 200 ambulances between 2014 and 2016.
During the proceedings, it was revealed that Mr Jakpa’s release letter from the military was prepared following extensive reports, discussions, and interviews.
Despite the efforts of Jakpa’s lawyer, Thaddeus Sory, to subpoena specific documents and question the Military Secretary, no questions were posed regarding the requested documents.
Counsel for Ato Forson, Dr. Aziz Bamba, opted not to cross-examine the Military Secretary, leaving the stage for the prosecution led by Attorney-General (AG), Godfred Yeboah Dame.
Mr Dame, in his cross-examination, pressed the Military Secretary on the production of documents requested by Mr Jakpa’s lawyer, which were subsequently tendered as evidence.
Among the documents tendered was a Special Report dated May 20, 2004, detailing Mr Jakpa’s misconduct within the Ghana Armed Forces.
The report, authored by Mr Jakpa’s commanding officer, described his conduct as “unacceptable” and highlighted instances of indiscipline, including failures in examinations and unauthorized absences.
The report also detailed Jakpa’s financial troubles, noting a debt of $400 owed to a Lebanese businessman during a mission in Lebanon, contrasting with a separate debt of $300 documented in his release letter for unpaid items in Ghana.
When questioned by the Attorney-General about the nature of Jakpa’s release, Air Commodore Adu Gyamfi affirmed that based on the evidence presented, Jakpa’s departure from the military was not deemed honorable, as such a designation was not explicitly stated in his release letter.
Meanwhile, Mr Jakpa,has acknowledged during cross-examination by Attorney General, Godfred Yeboah Dame that his company received 28.7% of the government payment to Big Sea under the contract, totaling approximately €700,000.
He clarified that this amount represented payments to Jakpa@Business as an agent under an Agency Agreement with Big Sea Limited, entitling him to 10% of all monies paid under the ambulance contract, with additional entitlements under other clauses.
He refuted allegations that he initiated the ambulance purchase after parliamentary approval, stating that Big Sea was known to the Ministry of Health and Ministry of Finance before approval was granted in November 2012.
On November 19, 2012, Mr Anemana sought approval from the Public Procurement Authority (PPA) for single sourcing Big Sea for the ambulance supply.
By December 19, 2012, the Ministry of Health formally contracted Big Sea for the supply of 200 Mercedes Benz ambulances at a total cost of €15.8 million, with specific delivery terms.
The trial continues as the prosecution seeks to establish the extent of financial mismanagement in the ambulance procurement process.
Minority Leader in Parliament, Dr Cassiel Ato Forson, has instructed the National Democratic Congress Members of Parliament to cast their vote against the new Legislative Instrument (L.I.) that seeks to amend parts of the Road Traffic Regulations 2012.
The proposed L.I., currently before Parliament, aims to grant Members of Parliament (MPs) and Ministers of State certain privileges previously reserved for emergency and specialized vehicles.
The amendment to Regulation 74 of L.I. 2180 will allow the installation of sirens or bells as warning devices on vehicles owned by Supreme Court justices, MPs, and Ministers of State.
This legislative change is intended to facilitate the movement of these officials, who often face demanding schedules requiring travel to multiple locations for meetings and official duties.
The proposed amendment has sparked debate among various stakeholders, with some advocating for its potential benefits in improving governmental efficiency, while others raise concerns about the broader implications of extending such privileges to elected officials.
The report of the Subsidiary Legislation Committee is yet to be brought to the floor for debate and discussion.
Given the sentiments expressed so far, Members of the NDC Minority Caucus say they stand with the Ghanaian public on this issue and “wish to signal our opposition to the amendment without any reservations.”
In a press statement dated July 16, the Minority Leader noted that “we have instructed all our Members on the Committee to strongly oppose it at the committee level. We have also directed all 137 NDC Members of Parliament to vote en bloc against the Legislative Instrument when it is brought to the floor.”
According to him, “the government must redirect its attention to addressing the germain issues facing the people of Ghana at the moment such as high cost of living, food inflation, unemployment, high cost of fuel, the depreciation of the Cedi and the high tax regime which is forcing businesses to relocate to neighbouring countries in West Africa.”
Meanwhile, the NDC MPs have called on the Minister of Transport to immediately withdraw the said Legislative | Instrument before it matures into law after 21 sitting days.
The Ghana Armed Forces (GAF) have been subpoenaed by the legal team representing Richard Jakpa, the third accused in the ongoing ambulance procurement trial, to provide testimony and documentary evidence at the Financial and Economic Court.
This action is in response to challenges raised about the authenticity of a dismissal letter used by the prosecution during cross-examination.
Deputy Attorney General Alfred Tuah-Yeboah, during his questioning of Richard Jakpa, suggested that Jakpa was dismissed from the Ghana Armed Forces due to persistent misconduct and significant indebtedness to both individuals and institutions.
However, Jakpa, a former officer of the Ghana Air Force, has refuted these claims, stating in an interview after the court proceedings that he had no prior knowledge of the dismissal letter presented by the prosecution. He asserted that he had never been copied on the letter, which he claimed to be seeing for the first time.
In response, Jakpa’s lawyer has compelled the Ghana Armed Forces to appear in court to testify under oath regarding the authenticity of the dismissal letter.
Jakpa, who is on trial alongside Minority Leader of Parliament Dr. Cassiel Ato Forson for allegedly causing financial loss to the state and misapplying state property in the procurement of ambulances, is seeking to establish the veracity of the claims made against him.
A writ dated July 5, 2024, submitted by Jakpa, requests the court to mandate the Military Secretary of the Ghana Armed Forces, Air Commodore Adu Gyamfi, to provide testimony and produce documentary evidence related to a May 2004 Special Report by the Commanding Officer.
This report allegedly indicates that Jakpa had reached his professional ceiling, a claim referenced in a letter dated September 12, 2007, and signed by Brigadier General MKG Ahiaglo on behalf of the Chief of Army Staff.
Additionally, Jakpa is asking the Ghana Armed Forces to confirm, with documentary evidence, that he owed the institution $300, a debt mentioned in the dismissal letter.
The case is scheduled to be called on July 16 at midday at the Financial and Economic Court located in the High Court complex.
In 2016, Deputy Finance Minister and Member of Parliament for Ajumako-Enyan-Essiam, Cassiel Ato Forson, expressed his strong conviction that he would retain his parliamentary seat for an extended period.
Addressing supporters of the National Democratic Congress (NDC) at Enyan Abaasa, Ato Forson declared that his grip on the constituency was so firm that any thoughts of unseating him in the December 7 parliamentary elections were futile.
Forson, a Chartered Accountant by profession, confidently stated that he intended to occupy the seat for a total of twenty years, after which he would retire from parliamentary politics.
He emphasized that his performance and development efforts in the constituency would ensure his uninterrupted tenure.
Having first secured the seat in the 2008 election by polling 24,752 votes out of 46,997 valid votes cast, Forson demonstrated his electoral strength early on.
In the 2012 election, he reinforced his dominance by again obtaining 24,752 votes, which represented 52.67% of the total valid votes cast. His closest rival, Festus Beedu-Turkson of the New Patriotic Party (NPP), garnered 21,462 votes, equating to 45.67%.
In his address, Forson underscored his commitment to the development of the Ajumako-Enyan-Essiam constituency and improving the living conditions of its residents.
“I’m occupying this seat for twenty years and after that, I go on retirement. With the kind of work I’ve done and will continue to do in this constituency, by the end of my period representing you as the MP, Ajumako-Enyan-Essiam will become developed like London, one that we can all be proud of,” he declared.
Forson expressed confidence that the tangible evidence of his efforts and achievements in the constituency would secure him continued support and ensure his prolonged stay in Parliament.
“I’m confident that the level of my work here that is evident for all to see will guarantee me more years in Parliament,” he added.
Ghanaian entrepreneur Richard Jakpa has disclosed the origins of the government’s ambulance procurement, which has sparked controversy and legal proceedings. The Attorney General has alleged that Minority Leader Dr. Cassiel Ato Forson caused financial loss amounting to 2.3 million Euros through the purchase of allegedly sub-standard ambulances, with Mr. Jakpa being the third accused in the case.
Mr. Jakpa has countered these claims, accusing the Attorney General of conducting a witch-hunt against Dr. Forson. In an interview with JoyNews’ Elton Brobbey on ‘The Pulse’, Mr. Jakpa detailed the steps leading to his involvement with Big Sea Company Limited to facilitate the deal on behalf of the government.
According to him, “the blueprint, everything emanated from me because I am an entrepreneur.
“The first State of the Nation Address (SONA) by Atta Mills, spoke about the lack of ambulances in the country. And it was serious and that was one of his priorities. So as soon as I heard it, as an entrepreneur, I immediately put the team together and tasked them to go across the country to find out the state of ambulances.
“They went round, they spent some time and we realised we had about 34 ambulances or so in the country. And that was serious. So we put together a proposal,” he said.
He said he contacted his bank at the time and secured suitable financial arrangements and then proceeded to present the proposal to secure ambulances for the Health Ministry which included a loan facility.
“And luckily for me, I was able to convince the bank. They sought approval from the underwriters in South Africa. It was approved and then they ring-fenced the 15.8 million euros for this project. And gave me the term sheets. They signed it nice, it was signed.
So I attached it to the proposal, and then wrote officially to the Ministry of Health… Their own is a technical specification of the ambulance but the financial term sheet is not within their domain, it’s for the Minister of Finance.
“So, therefore, they sent the whole document to the Minister of Finance and they copied my company that the health [Ministry] was interested because it wasn’t going to be a burden on the budget. It will be three years to pay and there’s even a moratorium, so it was easy for them.
So as soon as they copied my company, then I realized that the government was interested, health was interested and they only wanted Finance advice on term sheets, which falls under the domain of finance. So as soon as we got a letter we said okay, then we’re in business. We started scouting out for manufacturers, who had our technical specification,” he explained.
Following this initial phase, Mr. Jakpa’s exploration led him to Big Sea Company Limited, where negotiations were finalized in 2011.
He explained that while he initially became Big Sea’s agent in Ghana, their attention to detail eventually led them to engage Jakpa@Business for all their operations across West Africa, except Nigeria.
National Communications Officer for theNational Democratic Congress (NDC), Sammy Gyamfihas reiterated government’s intention to introduce what he describes as Bank of Ghana (BoG) recapitalization tax.
An add-on to it’s about fifty taxes introduced since his assuming office in 2017.
During an interview with TV3’s Captain Smart on Onua TV’s Maakye Show, he revealed that, government plans introduce a levy to aid the recapitalization of the Central Bank. Nobody he said would be excluded he added.
“They will call it Bank of Ghana (BoG) recapitalization levy. They would add it to your VAT, everyone would be made to pay.
As they have printed money and spent it recklessly among themselves, they are coming tax, trotro drivers, fisherfolks, among other informal sector workers to raise money to go fix their self induced mess” he noted.
He went on to slam the government over the huge sum of money pumped into the new Bank of Ghana headquarters which is currently still under construction.
Highlighting the incompetence of the incumbent government and the deteriorating value of the Ghana Cedi against the dollar, he jabbed that,
“Amid this they have awarded a contract in dollars, $250 million when they are after people charging in dollars because they aren’t even confidence in their ability to sustain the dollar hence they have awarded a contract in dollars which is equivalent to GHS 3 billion” he added.
Asuwearigad, if Akufo Addo and Bawumia gov't makes a mistake and propose to introduce this throat cutting levy, your guess is as good as mine. pic.twitter.com/HTuStKsm1M
— The Second Coming Of JM (@MotiaNframa) July 1, 2024
He went on to express his frustration over the perceived misuse of public funds.
“You just can’t make sense of this, its become so cheap, that everyone is dipping their hands into state coffers. So Akufo-Addo did you come to solve Ghana’s problems or you came to came to become a problem for Ghanaians to solve?
What crime did we commit against these people(NPP)? where did we go wrong? I weep when I sit to read these documents. What Ghana is going through is a rape of our public purse.
Sammy Gyamfi’s revelation is a reiteration ofNDC’s Ato Forson’s claims about a year ago.
It will be recalled that in 2023, the Minority Leader in Parliament, Dr. Cassiel Ato Forson during a press conference on August 9, 2023 announced government’s intention to introduce a new tax in addition to it’s about fifty since his assuming office in 2017.
Colleagues, ladies and gentlemen of the media, fellow countrymen and women let me assure you that very soon Ghanaians would be made to pay for Bank of Ghana recapitalisation levy.
A tax to recapitalise the central bank of Ghana. So as we speak the Central Bank has collapsed.
Members of the Minority Caucus on the Appointments Committee of Parliament have announced their decision to boycott today’s vetting of the President’s nominee for the position of Deputy Minister for Trade and Industry.
This move comes in response to the nomination of Kofi Ahenkorah Marfo, the Member of Parliament for Achiase, by President Akufo-Addo.
Kofi Ahenkorah Marfo
Kofi Ahenkorah Marfo’s nomination follows the reassignment of the former Deputy Minister for Trade and Industry, Stephen Amoah, to the role of Deputy Minister for Finance.
However, the Minority Leader, Dr. Cassiel Ato Forson, has expressed strong objections to the nomination, citing the already large size of the Akufo-Addo/Bawumia government and its poor economic performance as the primary reasons for their stance.
In a press statement dated July 2, 2024, the Minority Caucus articulated their position:
“We are again unable to support this nomination by President Akufo-Addo at this time because our country has gone through (and continues to go through) very difficult periods, including crippling economic crisis, food insecurity, debt default as a result of excessive borrowing, corruption in government and wasteful and reckless expenditures.”
“With ordinary Ghanaians going through excruciating hardships and businesses relocating from Ghana as a result of the high tax regime created by the Akufo-Addo/Bawumia government, one would have expected the President to downsize his already large government,” the statement continued.
“This would have sent a signal to the people that President was mindful of the economic realities and was willing to do things differently to restore the needed confidence in the economy. That the President continues to nominate additional ministers to his already large-sized government at this injury time demonstrates a lack of appreciation of the economic mess that his government has unleashed on Ghanaians as a result of its bad economic policies.”
The statement reiterated the Minority’s previously announced position from May 17, 2024, stressing their inability to support the approval of what they termed an “injury time deputy minister nominee.”
They criticized the Akufo-Addo/Bawumia government as “reckless, wasteful and insensitive about the plight of the ordinary Ghanaian,” and vowed not to participate in decisions that would further burden the already suffering populace.
“We will not, and cannot, take part in a decision to further burden the already suffering Ghanaian, especially when the president is unmindful of the financial consequences of his bloated government,” the Minority Caucus concluded.
Day 3 of the ongoing cross-examination in the high-profile ambulance procurement trial brought forth a series of compelling developments, underscoring the intricacies of the legal battle and the gravity of the accusations faced by Richard Jakpa, the third accused.
The proceedings on June 27, 2024, were marked by heightened tension and rigorous exchanges as new prosecutors took the stand to interrogate Jakpa, adding layers of complexity to an already charged courtroom atmosphere.
Confrontation by Dual Prosecutors
One of the standout moments of the day was Jakpa being confronted successively by two prosecutors. Initially cross-examined by Deputy Attorney-General Alfred Tuah-Yeboah, the session delved into Jakpa’s military background and the circumstances of his departure from the Armed Forces in 2007. A pivotal moment arose when the prosecution introduced what they claimed to be a crucial dismissal letter, alleging unsatisfactory conduct.
Despite objections from the defense, the court ultimately admitted the letter as evidence, citing legal provisions related to personal knowledge and official records. Jakpa, however, vehemently denied familiarity with the document, challenging its authenticity during and after the proceedings.
Dame’s Intensive Inquiry
Later in the day, Attorney-General Godfred Dame took charge of the prosecution, intensifying the scrutiny on Jakpa regarding critical aspects of the case. Focus shifted to the authorization of Letters of Credit (LCs) between the Government of Ghana and Big Sea, a pivotal point aimed at establishing Jakpa’s alleged involvement as a primary beneficiary in the controversial contract.
The cross-examination also delved into the specifics of Big Sea’s International Standard Organization (ISO) certification status, with conflicting interpretations emerging between Jakpa and the prosecution. The Attorney-General’s line of questioning sought to clarify discrepancies and bolster the prosecution’s case with concrete evidence.
Ethical Allegations and Security Measures
Amidst the legal drama, Jakpa made startling allegations against Attorney-General Dame, accusing him of coercing Jakpa into fabricating a medical excuse to evade court appearances. Jakpa asserted that despite his good health, he was pressured by Dame to obtain a false medical exemption, ostensibly to manipulate legal proceedings in favor of the prosecution.
The courtroom atmosphere was further heightened by tightened security measures. Reports indicated an increased presence of National Security operatives alongside regular police details, responding to concerns over the unauthorized dissemination of court proceedings recordings on social media platforms like WhatsApp.
Conclusion
As the trial progresses, each day unfolds with new revelations and challenges, highlighting the complexity and significance of the allegations surrounding the ambulance procurement scandal. With each session, the legal teams strive to unravel the truth amidst allegations of misconduct, strategic maneuvers, and the pursuit of justice in a case that has captured national attention.
The next steps in the trial remain critical, as stakeholders and the public await further developments that could potentially reshape the landscape of Ghana’s legal and political spheres.
Richard Jakpa, the businessman accused of causing financial loss of €2.37 million to the state in an ambulance deal with the Minority leader, Ato Forson has admitted that his company received 28.7% of the amount paid by the government to Big Sea under the Ambulance contract.
This amounts to approximately €700,000.
Mr Jakpa made this admission during cross-examination by the Attorney General (AG), Godfred Yeboah Dame.
When questioned about the Agency Agreement signed with Big Sea Limited, which entitled him to 10% of all monies paid under the Ambulance Contract, Mr Jakpa responded,”That is so but it is not my total entitlement. I was entitled to more by other clauses under the Agreement”.
Mr. Dame further pressed, “Out of the about €2.3 million paid by the Government to Big Sea under the Ambulance Contract, you and Jakpa at Business earned 28.7% of it. In fact, about €700,000 was paid to you.”
Jakpa stated “Yes, that was the amount paid to Jakpa at Business as an Agent”.
Additionally, Mr Jakpa refuted allegations that he approached Big Sea for the purchase of ambulances after receiving parliamentary approval.
He clarified that Big Sea was already known to the Ministry of Health and Ministry of Finance prior to the approval.
He pointed out that the agency agreement between Big Sea and Jakpa@business Limited was established on May 24, 2011, whereas parliamentary approval for the ambulance procurement occurred on November 1, 2012, more than a year later.
The ongoing trial involves a former Deputy Minister of Finance and the Minority Leader, Dr. Cassiel Ato Forson, alongside a former Chief Director of the Ministry of Health, Sylvester Anemana, and Richard Jakpa.
They have been accused of causing financial loss of €2.37 million to the state in a deal to purchase 200 ambulances for the country between 2014 and 2016.
Dr. Forson, who is also the National Democratic Congress (NDC) Member of Parliament for Ajumako Enyan Esiam and the Ranking Member on the Finance Committee of Parliament, faces charges alongside his co-accused.
On November 19, 2012, Mr Anemana is said to have written to the Public Procurement Authority (PPA) seeking approval to engage Big Sea through single sourcing for the supply of 200 ambulances.
By an agreement dated December 19, 2012, the Ministry of Health formally contracted Big Sea General Trading, based in Dubai, for the supply of 200 Mercedes Benz ambulances at a contract sum of €15.8 million, with a unit price of €79,000.
The delivery terms stipulated that the first batch of 25 vehicles should be delivered within 120 days of the agreement, with the remaining 175 vehicles to be delivered in batches of 25 every 30 days.
The third accused person, Richard Jakpa, has clarified a crucial detail regarding the letter from the first accused, Dr. Cassiel Ato Forson, concerning the establishment of Letters of Credit (LCs).
Contrary to his initial claim, Jakpa admitted that the seal on the letter was not that of the then Minister for Finance, Seth Terkper, but of the Controller and Accountant-General.
Further, Jakpa confirmed that, contrary to his assertion that the authorization was from the Minister for Finance, the seal indicated the presence of a word preceding “Minister for Finance” that began with the letter “D”.
The Deputy Attorney-General pointed out that this word was “Deputy”, indicating that the letter was authorized by the Deputy Minister for Finance, not the Minister himself.
Mr. Jakpa emphasized that the letter, which authorized the establishment of LCs for the procurement of ambulances, was correctly addressed to the Bank of Ghana (BoG) and issued on behalf of the then Finance Minister, Seth Terkper. He argued that this detail is crucial for understanding the context and appropriateness of the authorization process.
Jakpa’s testimony served as a defense against allegations that Dr. Ato Forson acted improperly in the ambulance procurement process.
He emphasized that the procedure followed by Dr. Forson was consistent with standard governmental practices and that directing the letter to the BoG aligns with the usual protocols for such financial transactions. This, he argued, should mitigate claims of wrongdoing attributed to Dr. Ato Forson.
The controversy surrounding the procurement of the ambulances has seen Dr. Ato Forson accused of financial malfeasance, with prosecutors alleging that he bypassed established procedures.
However, Jakpa countered this by stating that addressing the letter to the BoG was not only appropriate but also necessary for the timely and efficient execution of the procurement.
Jakpa explained that the BoG is the correct entity for handling such transactions, as it oversees the country’s monetary policy and financial operations.
He detailed how the BoG, rather than the CAGD, is typically responsible for issuing LCs due to its role in managing the nation’s foreign exchange and international financial transactions.
This distinction, he noted, is critical in ensuring that financial processes adhere to proper channels, reinforcing that Dr. Ato Forson’s actions were in line with standard practices.
Despite Jakpa’s defense, the prosecution maintained that the seal on the document indicated the authority of the former Deputy Minister, not the Minister.
The third accused person in the ambulance case trial, Richard Jakpa, has provided testimony asserting that the letter from the first accused, Dr. Cassiel Ato Forson, concerning the establishment of Letters of Credit (LCs), was appropriately addressed to the Bank of Ghana (BoG) and not to the Controller and Accountant-General’s Department (CAGD).
Mr. Jakpa, the third accused, highlighted that the letter authorizing the establishment of LCs for the procurement of ambulances was addressed to the BoG and was issued on behalf of the then Finance Minister, Seth Terkper.
He argued that this detail is crucial for understanding the context and appropriateness of the authorization process.
Jakpa’s testimony served as a defense against allegations that Dr. Ato Forson acted improperly in the ambulance procurement process.
He emphasized that the procedure followed by Dr. Forson was consistent with standard governmental practices and that directing the letter to the BoG aligns with the usual protocols for such financial transactions. This, he argued, should mitigate claims of wrongdoing attributed to Dr. Ato Forson.
The controversy surrounding the procurement of the ambulances has seen Dr. Ato Forson accused of financial malfeasance, with prosecutors alleging that he bypassed established procedures.
However, Jakpa countered this by stating that addressing the letter to the BoG was not only appropriate but also necessary for the timely and efficient execution of the procurement.
Jakpa explained that the BoG is the correct entity for handling such transactions, as it oversees the country’s monetary policy and financial operations.
He detailed how the BoG, rather than the CAGD, is typically responsible for issuing LCs due to its role in managing the nation’s foreign exchange and international financial transactions.
This distinction, he noted, is critical in ensuring that financial processes adhere to proper channels, reinforcing that Dr. Ato Forson’s actions were in line with standard practices.
However, the prosecution argued that the seal on the document indicates the authority of the former Deputy Minister, not the Minister. This contention remains a focal point in the case as the trial continues to unfold.
Ghana’s Parliament became a battleground of heated debate between the Minority and Majority groups on Tuesday, June 25, over the financial report on the 2023 African Games, which were hosted in Ghana from March 8-23, 2024.
Sports Minister Mustapha Ussif presented a report on the event to the House. However, the report lacked specific details on the expenditures incurred during the games, leading to significant criticism from the Minority in Parliament.
Dr. Cassiel Ato Forson, the Minority Leader, was particularly vocal, demanding a full accounting of the funds spent.
“We know for sure $15 million was allocated to a company called M and L Company Limited for 18 days of feeding, which amounts to 226 million cedis for those 18 days,” Dr. Forson asserted.
“You cannot come here and deliver a statement without accounting for $15 million for 18 days. This is public money.”
Samuel Okudzeto Ablakwa, Member of Parliament for North Tongu, echoed these concerns.
“There is no mention of how much this country has spent on the games. What is the honourable minister concealing from this house? What is he hiding?” Ablakwa questioned.
In defense, Majority Leader Alexander Afenyo-Markin dismissed the Minority’s criticisms, suggesting their priorities were misplaced.
“Instead of commending the Minister for a good job done, you want to use the opportunity to critique and say things that are not factual,” he said.
Former Majority Leader Osei Kyei-Mensah-Bonsu also supported the Sports Minister, arguing that more time is needed to compile a comprehensive financial report.
“You cannot say that within two weeks or three weeks, the Minister should be able to come before this house and explain everything. The Minority Leader, fortunately, is an accountant and he understands these things,” Kyei-Mensah-Bonsu stated.
Despite the controversy over the financial details, the 2023 African Games were a significant success for Ghana, which won a total of 69 medals.
Justice Efia Serwah Asare-Botwey, presiding over the trial involving Dr. Cassiel Ato Forson, has issued a stern warning that the proceedings will be held in-camera if the leaking of recorded court sessions continues.
This announcement came after an audio recording of last week’s cross-examination of the third accused, Richard Jakpa, surfaced on various WhatsApp platforms.
On Tuesday, June 19, the trial was put on hold when Deputy Attorney-General Alfred Tuah Yeboah raised concerns about the unauthorized recording.
The case was paused, and all parties, including the accused, were called into chambers for a private meeting with the judge.
Justice Asare-Botwey emerged from the meeting with a clear directive: “If it’s repeated, I’ll clear the court and hold the case in-camera. Only prosecution, lawyers, and the accused persons will be allowed in.”
This measure aims to maintain the integrity of the trial and prevent further leaks.
Mr. Tuah Yeboah, speaking to the media, noted that the prosecution was not concerned about the content of the audio recording, as it did not reveal anything damaging to their case.
He stated, “Not at all, because this audio is nothing that you have heard. In terms of the content, we are not minded about that because it is something that is in the public domain.”
The High Court admitted the audio recording into evidence on June 13. On the same day, Justice Asare-Botwey dismissed an application for mistrial filed by Dr. Ato Forson’s defense team, ruling that the tape did not show any instruction from Attorney-General Godfred Dame for Mr. Jakpa to implicate Dr. Forson.
Following the circulation of the recording, lawyers for Dr. Forson filed a supplementary affidavit supporting their motion for an order of mistrial, an injunction, and a stay of proceedings in the ongoing ambulance case.
Justice Asare-Botwey’s warning underscores the seriousness with which the court is treating these leaks. The National Security has been tasked with investigating the source of the unauthorized recording to prevent further breaches of court protocol.
The trial, which has garnered significant public and media attention, will continue under strict scrutiny to ensure the confidentiality and integrity of the judicial process.
Third accused in the ambulance case, Richard Jakpa, has admitted that the audio recording of his conversation with the Attorney General (AG), which is in circulation and was presented as evidence, is doctored.
He confirmed in open court that the recording, submitted by the accused as Exhibit 10, does not capture the full conversation.
Jakpa stated that only the parts of the conversation that would support their case were included.
Earlier, the Court had admitted an audio recording into evidence, capturing a conversation between Godfred Dame and Richard Jakpa, the third accused in the case.
Dr. Ato Forson, the current Minority Leader in Parliament, and businessman Richard Jakpa face allegations of deliberately causing financial loss to the state amounting to 2.37 million euros through the procurement of ambulances.
Both have pleaded not guilty and are currently awaiting trial.
Mr. Jakpa is expected to endure a thorough examination from the Prosecution, anticipated to last at least five hours, in accordance with the Case Management Completion plan.
Meanwhile, the Court of Appeal has dismissed an appeal filed by the legal representative of Minority Leader, Dr. Cassiel Ato Forson, against an Accra High Court’s decision to dismiss an application for mistrial in the ambulance trial.
Justice Afia Serwah Asare-Botwe, presiding over the ambulance trial, ruled that the application filed by former Deputy Finance MinisterDr. Cassiel Ato Forson was not tenable.
The Court of Appeal has dismissed an appeal filed by the legal representative of Minority Leader, Dr Cassiel Ato Forson, against an Accra High Court’s decision to dismiss an application for mistrial in the ambulance trial filed by the first accused or appleant.
On Thursday, June 6, 2024, Justice Afia Serwah Asare-Botwe, presiding over the ambulance trial, ruled that the application filed by former Deputy Finance Minister Dr. Cassiel Ato Forson was not tenable.
Dr. Ato Forson and co-accused Richard Jakpa had alleged professional and prosecutorial misconduct on the part of Attorney-General Godfred Dame.
Their application referenced a tape in which Dame and Jakpa were purportedly discussing matters before the courts.
However, the judge found no statutory basis to declare a mistrial or to investigate the Attorney-General’s conduct.
Dr Forson’s legal counsel sought to appeal the court’s decision and the grounds for this appeal as set out in the notice of appeal were as follows;
a. The Learned High Court judge erred in holding that the Particulars of offences of Counts 1 and 5 contain sufficient information on the specific acts engaged in by the 1st Accused/Appellant that manifest “without due cause and authorization” as contained in Counts 1 and 5 of the charge sheet;
b. The Learned High Court Judge failed or neglected to give adequate consideration to the case of the 1st Accused/ Appellant;
c. The Learned High Court judge erred in law by refusing or neglecting to apply the rationes decidendi of the decision of Supreme Court in The Republic v Ernest Thompson & 4 Ors (Criminal Appeal No. (J3/05/2020).
Counsel for the Appellant chose to argue all three grounds together. In doing so, Counsel for the Appellant contends that when the duty of a prosecution in stating the particulars of offence are considered vis-a-vis the requirements of Article 19 (2) (d) of the 1992 Constitution and Section 112 (4) of Act 30, the Respondent has failed to sufficiently particularize the alleged offence.
The Appellant contended that the use of the term “without due cause and authorization” in the charge sheet without stating exactly what conduct constitutes acting “without due cause and authorization” amounts to a breach of the Appellant’s rights under Article 19 (2) (d) of the 1992 Constitution.
In arguing their position, learned counsel for the Appellant made reference to the case of The Republic v. Ernest Thompson & 4 Ors (Criminal Appeal no. J3/05/2020).
The argument was made here that the standard for the formulation of criminal charges is set in that case. Counsel for the Appellant continues and says that for a charge to have been properly formulated, it must sufficiently indicate to the Accused the nature of the acts the commission of which led to the events which the law has prohibited with penal consequences.
The Appellant argued further that for criminal charges to be consistent with Article 19(2) of the 1992 Constitution, they must contain basic facts in precise language that speak to the mens rea and actus reus.
The Appellant contended that charges 1 & 5 of the charge sheet do not sufficiently do so and that the expression “without due cause and authorization” is vague forcing the Appellant to guess what that means and as such those charges should be struck out as defective.
On their part, the Respondent contended that the Appeal must be dismissed since in the view of the Respondent, the charges were properly drafted and adequate particulars had been provided on the charge sheet.
The Respondent, the Attorney-General’s Office, referenced the case of Ernest Thompson (supra) and argued that its obligations when putting together the charge sheet were to “sufficiently indicate to an accused person the nature of the acts the commission of which has led to the event which the law prohibited.”
The Respondent further contended that when drafting the particulars in the charge sheet, it had to do so with the elements of the offence in consideration.
The Respondent broke down the elements of the two charges brought against the Appellant, and concluded that it had sufficiently met its obligations in drafting the charge sheet.
Consequently, having examined the charges under scrutiny, the Court found that they contain sufficient particulars as required under Article 19 (2) (d) of the 1992 Constitution and Section 112 (4) of Act 30 and held that this Appeal is therefore without merit and is dismissed accordingly.
Justice Afia Serwah Asare-Botwe, who is presiding over the high-profile financial crime case involving Minority Leader Cassiel Ato Forson, has urged all parties involved to assist in expediting the proceedings.
In response to a notification from Mr Forson’s legal representatives regarding his occasional absence from court due to legislative duties, the judge expressed reluctance, likening Forson’s position to that of a senior housemaster.
Reported by the state-owned Daily Graphic, the judge questioned Forson’s inability to attend court, drawing a parallel with a hypothetical scenario where a senior housemaster would prioritize other responsibilities over court proceedings.
While acknowledging her respect for Forson’s role as Minority Leader, the judge emphasized that Forson is a crucial defendant in the case, not merely a witness.
She urged cooperation in swiftly concluding the case to allow everyone to attend to their respective duties.
The report further detailed the judge’s discussion on the impact of Richard Jakpa’s decision to change legal representation during the trial, which disrupted plans to conclude proceedings by May 2024.
The Minority Caucus in Parliament has pledged to accompany Forson to court whenever necessary, potentially affecting parliamentary proceedings.
Forson and Jakpa face criminal charges related to the procurement of ambulances during the John Evans Atta Mills administration, with Forson serving as Deputy Minister of Finance at the time and Jakpa representing the contracted company.
The court is scheduled to rule on June 13 regarding the admissibility of a viral audio tape allegedly involving the Attorney-General discussing matters pertaining to the case with Jakpa.
Both defendants are accused of causing a financial loss of €2.37 million to the state in the ambulance procurement deal.
Member of Parliament for the Akatsi North Constituency, Peter Nortsu-Kotoe, has emphasized the importance of allowing the Minority Leader, Dr. Ato Forson, to perform his constitutional duties without hindrance.
Nortsu-Kotoe stated that when the Minority Leader is absent from parliament due to court proceedings, it is not appropriate for the minority members to be present in the house.
He defended the decision of NDC legislators to stay away from parliament whenever the Minority Leader is required in court for the ongoing ambulance procurement trial.
“The NDC Minority caucus will only be available for the business of parliament after proceedings of the court have ended on the days scheduled for the hearing of the ongoing ambulance case trial,” the NDC said in a statement.
Dr. Cassiel Ato Forson is facing prosecution for allegedly causing a financial loss of 2.3 million Euros in the procurement of ambulances for the country. The case has sparked controversy, with Attorney General Godfred Dame being accused of witness tampering in an alleged attempt to secure a conviction against the Minority Leader at all costs.
Speaking on the JoyNews AM show, Mr Nortsu-Kotoe said, “He [Minority Leader] has some constitutional duties to perform, and we are saying that allow him time to do his work.”
He added that, by consensus, the judge could allow Dr Ato Forson to fulfil his constitutional duties and attend court proceedings later.
“We are not saying we won’t come to parliament; anytime he is attending to court, we will follow him to court,” he added.
Minority Leader Dr. Cassiel Ato Forson has denounced the Electoral Commission (EC) for its recent actions, specifically the exclusion and subsequent reinstatement of political party agents during the current voter transfer process.
Dr. Forson argued that the EC does not possess the autonomy to make such “outrageous and unwise” decisions.
Addressing Parliament on Tuesday, June 11, he highlighted that the Minority will not allow the EC to make decisions that could endanger the country’s democracy.
He urged Parliament to ensure the Electoral Commission is held accountable to maintain Ghana’s peace and stability.
Dr. Forson emphasized the necessity of parliamentary oversight to prevent any actions by the EC that could compromise democratic procedures.
Moreover, Dr. Forson revealed that the Minority will call for an urgent committee meeting to address these serious concerns with the Electoral Commission before they escalate.
He called for swift action to resolve these issues and protect the integrity of the electoral process.
“While we acknowledge that the Electoral Commission is an independent body, it must be pointed out in no uncertain terms to the Electoral Commission that it does not have the independence to make dangerous, ridiculous and outrageous decisions that can affect the peace and stability of our country and this democracy.”
“It is therefore imperative that Parliament calls the Electoral Commission to order to save this democracy and protect the peace and stability of our dear country,” he stated.
“Mr Speaker, the NDC minority caucus want to use this forum to demand an urgent committee of the whole to iron out these grave concerns with the Electoral Commission before it is too late,” he added.
Minority Leader Dr. Cassiel Ato Forson has openly criticized the Electoral Commission (EC) for its latest decisions, including the initial barring and subsequent reinstatement of political party agents in the ongoing voter transfer process.
Dr. Forson asserted that the EC’s actions reflect a lack of independence, describing the decisions as “outrageous and unwise.”
During the Parliamentary session on Tuesday, June 11, he made it clear that the Minority will not tolerate the EC making decisions that could endanger Ghana’s democracy.
He urged Parliament to ensure the Electoral Commission is held accountable, underscoring the vital role of parliamentary oversight in maintaining national peace and stability. Dr. Forson stressed the need for Parliament to prevent the EC from engaging in actions that could compromise democratic procedures.
Furthermore, Dr. Forson revealed that the Minority will call for an urgent committee of the whole to thoroughly address these pressing issues with the Electoral Commission before they escalate.
He pressed for immediate measures to be taken to resolve these concerns and protect the integrity of the electoral process.
“While we acknowledge that the Electoral Commission is an independent body, it must be pointed out in no uncertain terms to the Electoral Commission that it does not have the independence to make dangerous, ridiculous and outrageous decisions that can affect the peace and stability of our country and this democracy.”
“It is therefore imperative that Parliament calls the Electoral Commission to order to save this democracy and protect the peace and stability of our dear country.”
“Mr Speaker, the NDC minority caucus want to use this forum to demand an urgent committee of the whole to iron out these grave concerns with the Electoral Commission before it is too late,” he said.
The Minority in Parliament has declared their intention to boycott parliamentary proceedings whenever their leader, Dr. Cassiel Ato Forson, is required to attend court sessions for the ongoing ambulance trial.
This decision was made in response to the High Court judge, Justice Afia Serwah Asare-Botwe, denying a request from Dr. Ato Forson’s lawyers for a leave of absence to attend important parliamentary business on Tuesday, June 11, 2024, when the House resumes its third meeting of the fourth session.
In a press release issued by the NDC MPs and signed by Chief Whip Governs Agbodza, they expressed their dissatisfaction with the judge’s rejection of an earlier request by Parliament for Dr. Ato Forson to participate in a crucial Parliamentary Service Board meeting and other legislative activities.
The statement highlighted that the Minority Leader is expected to deliver a resumption address, engage with the press, and carry out other significant duties as part of his legislative mandate, which he will be unable to fulfill due to the court proceedings.
The Minority argues that their decision aims to counter what they perceive as an attempt by the trial judge, Justice Afia Serwah Asare-Botwe, to hinder Dr. Ato Forson’s ability to fulfill his constitutional responsibilities as an elected Member of Parliament and the Leader of the Minority Caucus.
“The NDC Minority Caucus has taken notice of this worrying trend that shows an attempt by the trial judge, Justice Afia Serwah Asare-Botwe, to prevent the Minority Leader from performing his constitutional duties as an elected Member of Parliament and the Leader of the Minority Caucus.”
“In the light of the above, and the continuous persecution of the Minority Leader, the NDC Minority will continue to solidarise and stand by its Leader anytime he is due to appear in court.”
“The NDC Minority Caucus further reserves the right to apply all other tools available to us in our approach to business on the floor,” an excerpt of the statement said.
An Accra High Court has dismissed an application for mistrial in the ambulance trial.
On Thursday, June 6, 2024, Justice Afia Serwah Asare-Botwe, presiding over the ambulance trial, ruled that the application filed by former Deputy Finance Minister Dr. Cassiel Ato Forson was not tenable.
Dr. Ato Forson and co-accused Richard Jakpa had alleged professional and prosecutorial misconduct on the part of Attorney-General Godfred Dame.
Their application referenced a tape in which Dame and Jakpa were purportedly discussing matters before the courts.
However, the judge found no statutory basis to declare a mistrial or to investigate the Attorney-General’s conduct.
“In our body of laws, as far as the legislation or case law is concerned, there is no provision for the court to declare a mistrial on the basis of the alleged misconduct of a lawyer, either for the prosecution or the defence,” portions of the 39-page judgement read.
The court also declined jurisdiction to order an inquiry into the Attorney-General’s conduct, directing Dr. Ato Forson to seek redress from the General Legal Council if he wished to pursue the matter further.
The trial judge advised the Attorney-General to stay away from the trial, citing the leaked audio tape and its contents, which raised concerns about Dame’s interaction with Jakpa.
Despite these concerns, the judge ruled that they did not constitute grounds to halt the case.
In response, the Attorney-General has stated that while he acknowledges the judge’s advice regarding the case, he does not intend to recuse himself, expressing his commitment to prosecute the matter to its conclusion.
The High Court in Accra has ruled that it cannot investigate Attorney-General Godfred Yeboah Dame’s conduct in the ongoing ambulance case involving Minority Leader Cassiel Ato Forson.
The court emphasized that there is no legal provision allowing such an inquiry in criminal proceedings.
Dr. Ato Forson filed a supplementary affidavit on June 3, seeking a mistrial and a stay of proceedings.
His request was based on a leaked tape where the Attorney-General allegedly coached the third accused, Richard Jakpa, to implicate him. Ato Forson’s legal team argued that this behaviour warranted an investigation and a mistrial.
The court dismissed these requests. The judge stated that jurisdiction in criminal cases must be established by law, not inferred. The judge also noted that mistrials are applicable only in jury trials, not summary trials.
“Court has no jurisdiction to undertake an enquiry into the conduct of the Attorney-General. Jurisdiction in criminal proceedings must be implied. It cannot be inferred. It must be by law. There is no such law.” the judge is quoted to have said.
“On the application to prevent the Attorney-General from instituting criminal proceedings, the court is cautious in injuncting constitutional bodies from performing their functions. The applicant has demonstrated any serious basis for such an order. It is this dismissed,” the judge added.
Regarding the leaked tape, the judge acknowledged its admission but found no evidence that the Attorney-General’s words implicated Ato Forson. The judge stressed that the fairness of the trial had not been compromised.
“On the admissibility of the secret recording, because it is a criminal proceeding, it would be admitted. However, having admitted the weight to be attached is something else. The court finds that the words regarding whether the Attorney-General asked A3 to help him to make a case against A1, did not come out of the mouth of the Attorney-General,” she added.
The court concluded that there was no basis for a mistrial or an inquiry into the Attorney-General’s conduct. The proceedings will continue as planned.
Contrary to what the NDC has strenuously tried to make Ghanaians believe in respect of the ongoing criminal trial of Ato Forson and Richard Jakpa, the emerging facts of the case show clearly that the two accused persons shortchanged Ghana in the botched ambulance transaction, occasioning a huge financial loss to the state.
First of all, documentary evidence tendered in court shows that Big Sea, the Dubai-based company that was engaged by the NDC government to supply the 200 ambulances and which had Jakpa as its local agent, was unknown to parliamentary approval processes.
In other words, the specific transaction entered with Big Sea, which was engineered by the accused persons, had no parliamentary approval as required by Article 181(5) of the constitution, therefore making the transaction unlawful and of no effect.
Beyond that, the Attorney General had presented to the court a letter written by the then minister of health under the NDC administration, Sherry Aryittey, instructing Big Sea not to supply the ambulances because there was no valid contract regarding the transaction, and also informing them that the Ministry of Health did not have funds to establish the letters of credit (LCs) for purposes of paying for the transaction.
Despite this, Ato Forson, as deputy minister of finance, authorised payment for the ambulances without any basis and directed the amount to be charged to the Ministry of Health’s account.
The vehicles that were supplied by Big Sea pursuant to Ato Forson’s directives were fundamentally defective and not fit to be used as ambulances. The vans were so ordinary and defective that they could not even be used as trotros.
The defective nature of the vans was confirmed by a letter written by the then minister of health, Alex Segbefia, and other assessments by the National Ambulance Service (NAS). It was on this basis that the vans were never used even by the John Mahama administration, because they were just not fit for use as ambulances.
That is the cardinal sin committed by Ato Forson and his conspirators, including Richard Jakpa, against the Republic.
It is this daylight stealing of the taxpayers’ money that the current learned Attorney General, Godfred Dame, is bent on fighting through this prosecution. Fortunately, the AG, as ruled by the court, has been able to establish a solid case against all the accused persons.
The accused persons have tried on many occasions to plead with the AG to discontinue the prosecution. The AG had to contend with pressure from every angle, including the former president John Mahama, who specifically maintained the discontinuation of the ambulance trial as a condition to get the co-operation of NDC MPs.
Having been unsuccessful in getting the AG to drop the charges against them, the accused persons then resorted to using these malicious orchestrations targeted at destroying the enviable reputation of the AG. Richard Jakpa is thus being used as a hired mercenary to exploit the relationship between the AG and his own cousin Justice Yonny Kulendi to get the accused persons to escape accountability.
However, the AG remains focused on the delivery of his work for the good people of Ghana, and he shall succeed, Insha Allah.
Iddi Muhayu-Deen, Esq
The writer is a member of the NPP national communications team
DISCLAIMER: TIGPost.co will not be liable for any inaccuracies contained in this article. The views expressed in the article are solely those of the author’s, and do not reflect those of The Independent Ghana.
Minority Leader Dr. Cassiel Ato Forson, the primary defendant in the ongoing ambulance trial, has submitted an application for a mistrial.
Dr. Forson cited recent developments, including a leaked telephone conversation between Mr. Richard Jakpa and Attorney-General Godfred Dame, as grounds for his request.
In his affidavit, filed on Friday, May 31, Dr. Forson expressed concerns about the leaked tape, which he argues demonstrates professional misconduct by the Attorney-General. These recordings have been submitted as evidence along with the application.
Dr. Forson is urging the court to declare a mistrial in the interest of justice, emphasizing the need for justice to not only be served but also to be perceived as fair and impartial.
He contends that failing to order a mistrial under these circumstances, which suggest a disregard for the rule of law and ethical standards by the Attorney-General, could severely undermine public confidence in the judicial process.
During cross-examination, Richard Jakpa revealed that the Attorney-General had been contacting him at unusual hours to solicit testimony against Dr. Forson.
This revelation has sparked significant public discourse, with some individuals calling for Attorney-General Godfred Dame’s resignation.
Dr. Forson, a former Deputy Finance Minister and the current Minority Leader, is on trial for his alleged involvement in procuring defective ambulances for Ghana.
At a press conference, the National Democratic Congress (NDC) played a 16-minute tape purportedly featuring a conversation between the Attorney-General and Jakpa.
The New Patriotic Party (NPP) has refuted the claims made in the audio, asserting that it has been “doctored and manipulated” with malicious intent.
The office of the Attorney-General has responded vigorously to Dr. Ato Forson’s recent court application, which seeks to investigate the Attorney-General’s conduct in the ongoing ambulance procurement trial.
Dr. Forson, the Minority Leader in Parliament and the first accused in the case, filed for a probe following allegations by the third accused, Richard Jakpa, that the Attorney-General had attempted to recruit him to aid in Forson’s prosecution.
In addition to requesting an inquiry into the Attorney-General’s conduct, Dr. Forson is seeking an order of mistrial, an injunction, and/or a 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.
However, the Attorney-General’s office has firmly rejected these claims. In a comprehensive affidavit, the Principal State Attorney outlines some reasons why the charges against Jakpa and Forson should not be dismissed, describing the applications as “unfounded, unmeritorious, and unknown to the law.”
Key Points from the Affidavit:
Desperate Tactic to Avoid Prosecution
The Attorney-General argues that Forson’s and Jakpa’s applications are desperate attempts to evade justice. The affidavit states: “Clearly, the accused persons are bent on using any means necessary, fair or foul, to abort their legitimate prosecution for crimes committed against the Republic and must not be aided in that illegitimate endeavor through a grant of the instant application.”
Robust Evidence and Transparency
The affidavit emphasizes that the prosecution’s case is built on solid evidence from thorough investigations. The Attorney-General’s office has shared all relevant documents with the defense to ensure transparency and fairness. The affidavit notes: “In fairness to the accused persons, the Attorney-General duly filed all the evidence he intended to rely on at the trial and furnished all parties to this action with copies of all documents including even the ones he did not rely on.”
Denial of Allegations
The Attorney-General denies any improper conduct or attempts to manipulate Jakpa’s testimony. The affidavit rejects the claim that the Attorney-General tried to coach Jakpa on what to say in court, describing these allegations as “spurious and mischievous.”
Manipulation of Facts
The affidavit accuses Forson and Jakpa of manipulating facts to undermine the integrity of the court and discredit the prosecution. It states: “The depositions in the affidavit in support of the instant application are laden with spurious allegations which are carefully and mischievously calculated at creating unnecessary anxiety about the capacity of the court to dispense justice in this case.”
Background of the Case
Dr. Ato Forson and Richard Jakpa are accused of causing financial loss to the state through the procurement of faulty ambulances. Jakpa has claimed that in private conversations, the Attorney-General admitted there was no case against him, a claim purportedly supported by a recording released by the National Democratic Congress (NDC).
This recording allegedly captures the Attorney-General coaching Jakpa on what to say in court to incriminate Dr. Forson.
Despite these allegations, the Attorney-General’s office maintains that the prosecution is legitimate and based on robust evidence.
The Attorney-General (A-G) has issued a strong rebuttal toDr. Cassiel Ato Forson’s recent application to the High Court, emphasizing that no one in Ghana is immune from prosecution.
Dr. Forson, the Minority Leader in Parliament, is currently facing charges of wilfully causing financial loss to the state in the ambulance procurement case.
Dr. Forson had applied for an investigation into the A-G’s conduct, alongside requests for a mistrial, an injunction, and/or a stay of proceedings.
This application followed allegations by Richard Jakpa, the third accused in the case, claiming the A-G had attempted to recruit him to support the prosecution against Dr. Forson.
In the affidavit opposing these requests, the A-G firmly rejected the claims, stating that they lack merit and legal grounding.
The affidavit asserts, “No one has immunity from prosecution under the laws of Ghana,” highlighting the A-G’s commitment to upholding the rule of law without favoritism.
The A-G’s office described Dr. Forson’s application as a strategic move to avoid accountability.
“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,” the affidavit noted.
The affidavit also stressed that the prosecution has adhered to legal procedures and provided substantial evidence. “The Prosecution has led cogent evidence after painstaking investigations conducted in this case and called credible witnesses who were cross-examined extensively by counsel for the applicant and the other accused persons leading to a prima facie case being held by this Honourable Court to have been duly made against all the accused persons.”
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 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.
Deputy Attorney General Alfred Tuah-Yeboah is advocating for the ambulance trial to proceed on a daily basis.
This request follows recent allegations against Attorney-General Godfred Yeboah Dame, promptingDr. Cassiel Ato Forson, the main defendant in the case, to call on the Chief Justice to televise the remaining hearings.
While Tuah-Yeboah’s office has no objections to the proposal for live broadcasting, he suggests that incorporating daily hearings might expedite the trial process.
“In fact, the AG had indicated at a different forum that when it comes to public interest matters or matters where the public has that kind of interest, it will be in the interest of justice that such proceedings are broadcast live on television and radio, so we don’t have any objection to the request but as I said, the Chief Justice has the final say.
“Not only the broadcast, we are also looking at day-to-day hearing so that we can get to the end of this matter as soon as possible.
The broadcast, if possible, may have to go with day-to-day hearing so that we can get to the end of this matter.”
Director of Legal Affairs for the National Democratic Congress (NDC),Godwin Edudzi Tameklo, has cautioned the ruling New Patriotic Party (NPP) to brace themselves for the escalating controversy surrounding the trial of Minority Leader Dr. Cassiel Ato Forson.
Dr. Forson faces allegations of causing financial loss to the state in the procurement of 200 ambulances.
In an interview on Neat FM on May 31, 2024, Edudzi asserted that the NDC possesses evidence indicating that the Nana Addo Dankwa Akufo-Addo administration, led by Attorney General Godfred Dame, is exerting efforts to imprison Dr. Ato Forson unjustly.
He highlighted an audio recording of a phone conversation between Godfred Dame and the third defendant in Dr. Ato Forson’s trial, Richard Jakpa, where the AG is heard pressuring Jakpa to testify against the Minority Leader. Additionally, Edudzi referenced WhatsApp messages between the two individuals, released by the NDC, as further evidence of wrongdoing.
“If you can recall, when this issue started, my brother Nana B ignorantly stated that the recording was done at the home of a Supreme Court judge. On Tuesday, the recording that was released, was it in a house? Wasn’t it a phone call?
“So, quite clearly, our brothers and sisters in the NPP do not know what is coming. They have no idea,” he said in Twi.
The NDC legal director urged NPP members who are making noise about the trial to take a clue from the Attorney General who has gone quiet since the revelations started.
He made these remarks while reacting to a petition by Dr. Ato Forson to the Chief Justice, Gertrude Torkornoo, for the remaining proceedings of the trial to be broadcast live.
About the allegations against Godfred Dame:
The National Democratic Congress (NDC), as promised, presented evidence implicating Attorney General and Minister of Justice Godfred Dame in the ongoing trial of Minority Leader Dr. Cassiel Ato Forson.
The NDC accused Godfred Dame of engaging in unethical and unprofessional behavior, alleging that businessman Richard Jakpa, the third accused in the ambulance procurement trial, claimed in court that the AG had meetings with him to discuss implicating Ato Forson.
Jakpa alleged that the Attorney General sought his cooperation to incriminate Dr. Ato Forson, a claim Dame vehemently denied.
During a press conference in Accra on May 28, 2024, the NDC played a 16-minute audio recording of a phone conversation between Godfred Dame and Richard Jakpa, recorded on the day Jakpa was scheduled to testify in court.
In the recording, Dame is heard urging Jakpa to testify in a manner inconsistent with the explanation Jakpa provided to him. Prior to the AG’s request, Jakpa had asserted that Ato Forson had committed no wrongdoing with the LCs he signed, and he explained that the contract was for the purchase of 200 vehicles with 4 LCs.
“With the security from the government being the LC, the condition precedent… the contract for 200 vehicles in tranches of 50, 50, 50, 50. The contract is one contract for 200 ambulances which has been broken down within the contract.
“You establish an LC for every 50 tranche. So, you have four LCs for the 200 ambulances,” Jakpa explained.
Godfred Dame then stated that the third accused should accept his explanation because it wouldn’t cause him any harm.
“For that part, I disagree with you because if you look at the terms of the contract, it is quite clear, and it should not be difficult for you to accept because it doesn’t put you in any problem. You are not the Minister of Health, and you are not the Minister of Finance, so it doesn’t put you in any difficulty,” the Attorney General is heard saying.
However, Jakpa insisted that he could not grant Dame’s request because there were letters that confirmed the arrangement in the contract.
“No, the problem I have in accepting that for you is that there are letters that confirm [details of the transaction]. So I can’t go against what the letters say,” he said.
In the recording, Dame persistently urged Jakpa to adopt his stance, assuring him that it wouldn’t pose any issues. However, Jakpa remained resolute, refusing to testify contrary to the truth he knew.
Furthermore, theAttorney Generalcan be heard advising Jakpa to concoct a medical excuse to facilitate his travel.
The former Deputy Finance Minister argues that this request aims to promote accountability and transparency, thereby enhancing the pursuit of justice for all parties involved in the trial.
The Ato Forson-ambulance caseinvolves allegations of financial misconduct related to the procurement of defective ambulances.
The trial is in progress, with Dr. Forson maintaining his innocence.
The most recent development includes his request for live broadcast of the proceedings to promote transparency.
Minority Leader and main defendant in the ongoing ambulance trial, Dr. Cassiel Ato Forson, has directed his legal team to formally request the Chief Justice to broadcast the remaining trial sessions.
This request, communicated in a letter from his attorneys to the Chief Justice on May 30, is motivated by recent accusations of impropriety leveled against Attorney-General Godfred Yeboah Dame.
Richard Jakpa made a claim last week suggesting that the Attorney-General had urged him to give false testimony against Dr. Ato Forson during the trial.
In support of Jakpa’s accusations, the National Democratic Congress (NDC) released a 16-minute recording purportedly capturing a conversation between Dame and Jakpa.
The recording allegedly depicts Dame advising Jakpa on what statements to present in court to implicate Dr. Ato Forson.
During a press conference on May 28, NDC Chairman Johnson Asiedu Nketiah stated that the recording revealed a coaching session aimed at influencing Jakpa’s testimony.
Given these developments, Dr. Ato Forson argued that live broadcasting of the trial would ensure transparency and uphold the principles of open justice, enabling citizens to develop informed perspectives and hold those involved accountable.
“In the wake of the recent exposé concerning the alleged misconduct of the Attorney-General, Godfred Yeboah Dame, I have instructed my lawyers to petition the Chief Justice for the live broadcast of all subsequent proceedings in the Ambulance Trial. This request is motivated by a deep commitment to transparency and open justice, principles that are fundamental to a fair and impartial legal system.”
“The allegations against the Attorney-General are deeply concerning. If true, they represent a serious breach of public trust and a threat to the integrity of our judicial system. It is imperative that these allegations be thoroughly investigated and that the public be given the opportunity to witness the proceedings firsthand,” he posted on social media.
Minority Leader Dr. Cassiel Ato Forson, who is the primary defendant in the ongoing ambulance trial, has instructed his legal team to petition the Chief Justice to televise the remainder of the proceedings.
This request was detailed in a letter from his lawyers to the Chief Justice on Thursday, May 30.
Dr. Ato Forson explained on social media that this move is prompted by recent allegations of misconduct against Attorney-General Godfred Yeboah Dame.
Last week, Richard Jakpa claimed that the Attorney-General had encouraged him to provide false testimony against Dr. Ato Forson in the trial.
In support of Jakpa’s allegations, the National Democratic Congress (NDC) released a 16-minute recording purportedly capturing a conversation between Mr Dame and Mr Jakpa.
The recording allegedly reveals Dame coaching Jakpa on what statements to make in court to incriminate Dr. Ato Forson.
At a press conference on May 28, NDC Chairman Johnson Asiedu Nketiah asserted that the tape exposed a coaching session aimed at manipulating Jakpa’s testimony.
In light of these developments, Dr. Ato Forson argues that broadcasting the trial live would ensure transparency and uphold the principles of open justice, allowing citizens to form informed opinions and hold participants accountable.
“In the wake of the recent exposé concerning the alleged misconduct of the Attorney-General, Godfred Yeboah Dame, I have instructed my lawyers to petition the Chief Justice for the live broadcast of all subsequent proceedings in the Ambulance Trial. This request is motivated by a deep commitment to transparency and open justice, principles that are fundamental to a fair and impartial legal system.”
“The allegations against the Attorney-General are deeply concerning. If true, they represent a serious breach of public trust and a threat to the integrity of our judicial system. It is imperative that these allegations be thoroughly investigated and that the public be given the opportunity to witness the proceedings firsthand,” he posted on socila media.
Transparency and Open Justice: Live Broadcast of the Ambulance Trial
In the wake of the recent exposé concerning the alleged misconduct of the Attorney-General, Godfred Yeboah Dame, I have instructed my lawyers to petition the Chief Justice for the live broadcast of all… pic.twitter.com/9on6wfe3uL
— Cassiel Ato Forson(PhD) (@Cassielforson) May 30, 2024
