An Associate Professor at the University of Ghana Law School, Prof Kwadwo Appiagyei-Atua, has criticised the Attorney General’s reaction to the Court of Appeal’s decision on Tuesday, July 30, that quashed the ambulance procurement trial.
He believes Godfred Yeboah Dame’s response, was inappropriate and suggested it reinforced the perception of a personal vendetta against the Minority Leader, Dr Cassiel Ato Forson.
The Court of Appeal, had dismissed the trial of Minority Leader, Cassiel Ato Forson and businessman Richard Jakpa, who 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, concluded that the two had no case to answer, overturning an earlier decision by the High Court.
In response, Attorney General Godfred Dame, criticized the ruling, labeling it as “perverse” and “grossly unfair to the nation.”
He argued that the decision undermines public accountability and the rule of law and announced that his office would appeal the judgment.
However, Prof Appiagyei-Atua, speaking in an interview with Accra-based Starr FM on Wednesday, July 31, asserted that the Attorney General, could have managed his reaction more appropriately.
“The Attorney-General’s reaction to the acquittal and discharge of the accused persons [Dr Cassiel Ato Forson and Richard Jakpa] appears to feed the perception of a personal vendetta,” he stated.
On his part, the US-based Ghanaian lawyer and scholar, Prof Stephen Kwaku Asare, has asserted that the judge who presided over the case of Minority Leader, Justice Afia Asare-Botwe, is perhaps one of the biggest losers in the case, following its dismissal by the Court of Appeal.
Justice Asare-Botwe, a Court of Appeal judge with additional High Court duties, dismissed a submission of no case by Ato Forson, whom the state has accused of causing financial loss in the purchase of 200 ambulances together with his co-accused, businessman Richard Jakpa.
However, the Court of Appeal on Tuesday, July 30, 2024, ruled that the High Court, presided over by Justice Asare-Botwe, erred in its decision to dismiss the submission of no case by the accused persons.
The court, by a 2-1 split decision, reverted the judgement of the High Court and went ahead to acquit and discharge Ato Forson and Richard Jakpa.
Reacting to this, in a post shared on Facebook, on Wednesday, July 31, 2024, Prof Kwaku Asare, who is widely known as Kwaku Azar, indicated that the ruling of the Court of Appeal, may reflect poorly on Justice Asare-Botwe.
“If the CoA is believed, then Justice Afia Asare-Botwe, may be one of the biggest losers in this case,” he wrote.
In replying to a comment under his post, Kwaku Azar, said that the Court of Appeal judges, in their judgement, made the point that the High Court should have dismissed the case in the first place.
“They are saying no reasonable court that is interested in justice would have concluded that the defendants had a case to answer,” he said.
On Tuesday, the Court of Appeal, in a 2-1 decision, acquitted and discharged Dr Cassiel Ato Forson and Richard Jakpa in the ambulance case.
The ruling overturned a trial court order, requiring them to present their defence for allegedly causing a financial loss of €2.37 million to the state in procuring ambulances for the government.
While, Justice Alex Poku Acheampong dissented, Justices Kweku Tawiah Ackah-Boafo and Philip Bright Mensah, ruled in favour of the accused.
