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.