…In Ato Forson’s ongoing Ambulance trial
The Minority Leader, Dr Cassiel Ato Forson, has obtained a court order to compel the former Minister of Health, Alex Segbefia, Seidu Kotomah, a former Controller and Accountant General, and Patrick Nimo, a former Budget Director at the Ministry of Health, to testify as part of his defence in the ongoing trial.
The three, according to the trial judge, Justice Afia Serwaa Asare-Botwe, face an arrest warrant if they fail as witnesses to appear before the court.
The request for the summons, was secured after strenuous effort by Dr Abdul Basit Bamba, lawyer for the minority leader, to get them to come testify in the matter as witnesses of the minority leader.
Dr Ato Forson, who has been directed by the court to present his defence, has called only one witness so far, an officer from Stanbic Bank who was subpoenaed.
However, his legal team informed the court that they encountered difficulties in securing the attendance of their witnesses, despite some of them having filed witness statements.
The lawyer representing Dr Ato Forson expressed regret and apologized for the absence of their second witness, Seidu Kotomah.
Attempts to contact other witnesses were also unsuccessful. The lawyer apologized to the court, the Attorney General, other defence lawyers, and the clerks for the inconvenience caused.
“I’m extremely sorry about this unfortunate incident. I profusely apologise. I apologise to the Attorney General, I have a duty to sincerely apologise to my other defence lawyers and also to the clerks.”
“Former Controller and Accountant General. Seidu Kotomah was to testify. Unfortunately, we have not been able to secure the attendance of the witness in court today to testify.
“Upon realising, we made diligent efforts to get other witnesses to appear in court to testify, specifically, I approached Alexander Kwasi Mould who has already filed a witness statement whether he will be able to attend court today to testify.
“But he indicated his inability to do so and gave reasons including not being in the country. I also got A1 (Dr Forson) to talk to other witnesses. And not a positive response has been received,” lead counsel for Ato Forson, Dr. Bamba, is quoted to have said.
Subsequently, the legal team applied for a writ of summons to be issued. However, Justice Afia Serwaa Asare-Botwe cautioned that issuing the summons would allow the court to issue an arrest warrant if the witnesses fail to appear.
Justice Asare Botwe, is a Justice of the Court of Appeal hearing the case as an additional High Court Judge.
Despite this warning, Dr. Bamba, the lawyer for the minority leader, proceeded with the request for the summons.
The court granted the application for the three individuals to be summoned:
1. Mr. Patrick Nimo, the current Chief Director at MESTI and former Budget Director at the Ministry of Health.
2. Alex Segbefia, a former Minister of Health.
3. Mr. Seidu Kotomah, former Controller and Accountant General.