…Get caution from GBA, others
The Attorney-General and Minister of Justice, Godfred Yeboah Dame, has announced his intention to head to the Supreme Court to challenge the Appeals Court’s ruling in the ambulance trial involving Minority Leader, Dr Cassiel Ato Forson and businessman Richard Jakpa.
His decision, comes after the Minority Leader, was acquitted and discharged in the ambulance case by the Court of Appeal yesterday, Tuesday, July 30, but the Attorney General is refusing to let go, leaving many to question whether he is indeed, performing national service or on an ego trip.
Yesterday’s decision, had ended a criminal trial bedevilled with intrigues, including accusations of Mr Yeboah, coaching an accused on what to tell the court presided over by Justice Afia Serwaa Asare Botwe.
The Court of Appeal in a 2:1 decision, overturned the trial Court’s directive for Dr Forson to present his defence in the ongoing ambulance trial and upheld his appeal of no case.
Justice Bright Mensah and Ackaah Boafo, ruled in favour of the accused persons, while Justice Alex Opoku Acheampong, a former Judicial Secretary under Chief Justice Georgina Woods, dissented.
The court quashed the trial of Minority Leader and 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 Appeal Court, ruled that the two had no case to answer, overturning an earlier decision by the High Court.
But the Attorney General shortly after proceedings labelled the ruling as “perverse” and “grossly unfair to the nation,” stating that it undermines public accountability and the rule of law and announced plans to file an appeal to overturn the decision.
But a former Minority Leader, Haruna Iddrisu, has admonished Dame, not to appeal the Court of Appeal ruling that acquitted and discharged, Cassiel Ato Forson, saying his embarrassment could be deepened.
The MP for Tamale South, said the AG risks further disgrace if he attempts to appeal the Court of Appeals ruling.
The court cleared Minority Leader, Dr Cassiel Ato Forson, and overturned the trial Court’s order for Dr. Ato Forson to present his defence in the ambulance case.
While celebrating the Minority Leader’s victory in Parliament, Haruna Iddrisu suggested that the Attorney General should accept the situation.
“I hear the Attorney General even instead of swallowing his humble pride, is saying that he wants to litigate on this matter.
“Mr Speaker, we assure him that he will be further disgraced because this matter if you want to try people try them on matters which are legally meritorious,” Haruna Iddrisu stated.
In a statement released yesterday shortly verdict, Godfred Dame expressed the Office’s view that the court’s decision is detrimental to the battle against impunity and the rule of law.
“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.”
He stated that the Office would swiftly appeal to nullify the impact of the Court of Appeal’s erroneous ruling.
“The Office will promptly file an appeal in order to erase the effect of this erroneous decision of the Court of Appeal,” he stated.
But one of the lawyers for the first accused in the ambulance procurement trial, Godwin Edudzi Tamakloe, has
criticized Godfred Dame for his stance on the recent Court of Appeal verdict.
In an interview on Joy FM’s Midday News on Tuesday, July 30, Mr Tamakloe argued that questioning the court’s decision is inappropriate and that if the AG disagrees with the judgment, he should “file an appeal and go to court and argue the rest.”
Mr Tamakloe, suggested that Mr Dame ,should apologise to Ghanaians instead of ranting.
“Whatever he wants to do, let him go ahead and do it. We are ready. What Godfred Dame doesn’t know is that Cassiel Ato Forson is not a coward; he is willing to stand up to anything. Nobody is afraid of Godfred Dame’s treachery,” Mr. Tamakloe asserted.
“He has forgotten that he was in the house of Justice Kulendi conspiring on how to get Ato Forson convicted? He should wait, vengeance is the Lord’s,” he added.
Expressing his relief about the trial’s outcome, Mr Tamakloe thanked the Appeal Court judges for their verdict and God for “taking us away from Godfred Dame’s conspiracy.” He also noted that he has never seen an AG so emotionally invested in a case.
When asked if he was ready for the Supreme Court appeal, Mr. Tamakloe responded, “I don’t even care.”
The Ghana Bar Association (GBA) has also been taken aback by the reaction of the Attorney General towards the Appeals Court after the ruling of the controversial ambulance case.
Also speaking on Joy FM’s Top Story, the Public Relations Officer of the GBA, indicated that the Justice Minister’s choice of words was unwarranted.
Saviour Kudze, asked that “assuming the decisions were made in his favour, would he be using such words?”
According to him, “He [Attorney General] is the leader of the Bar. We shouldn’t expect him to be using such words.”
“You could say you disagree with the verdict of the court and you will take steps. I think that is what everybody does.”
“But an official leader using such words, we take an exception to it,” he added on Tuesday.
Associate professor at the University of Ghana School of Law, Kwadwo Appiagyei Atua agreed with the GBA spokesperson’s position.
“As the leader of the Bar, he went a little bit too far. The use of words like perverse… I am also of the view that it was unnecessary,” he told Evans Mensah.
The Attorney-General’s statement had said that “On 30th July, 2024, the Court of Appeal by a split 2–1 decision, allowed an appeal against the ruling of the High Court, Accra dated 30th March, 2023, dismissing a submission of no case filed by the accused persons and ordering them to open their defence.
“The Office of the Attorney-General 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.
“The relevant facts of the matter, as borne out by the undisputed evidence led so far, show that:
“Vehicles purporting to be ambulances were imported into the country in December, 2014 in violation of the contract governing the transaction.
“The then Minister for Health, Ms. Sherry Aryittey, had cautioned in writing against the importation of the vehicles into the country. There was thus no request by the Ministry of Health for the vehicles to be imported into the country, or for the letters of credit which were the means of payment for the vehicles under the contract, to be established.
“With no request from the Ministry of Health or any authorisation whatsoever, and at a time that the period for supply of the ambulances under the contract had even lapsed, the first accused, Cassiel Ato Forson, by letters dated and 7th and 14th August, 2014, instructed the Bank of Ghana and the Controller and Accountant-General to issue letters of credit for the payment for the vehicles.
“The letters of credit were consequently established on 18th August, 2014. Big Sea General Trading LLC, the suppliers of the vehicles based in Dubai, whose contract had no parliamentary approval, proceeded to ship the vehicles on receipt of the letters of credit.
“When the vehicles arrived, they were not of the kind specified in the contract. Further, apart from the absence of basic parts and equipment required for an ambulance, the National Ambulance Service and the Ministry of Health noted serious defects with every material part of the vehicles.
“Such was the fundamental nature of the defects that a former Minister for Health, Dr Alex Segbefia described the vehicles as “ordinary vans” not fit for purpose. In point of fact, a report on the vehicles by the authorised dealers in Mercedes Benz, commissioned by the Ministry of Health in 2015 to assess the vehicles (tendered in evidence by the prosecution), stated that the vehicles could never be converted into ambulances.
“The defects were so irremediable that from the time the vehicles started arriving in December, 2014 up to January, 2017 when the erstwhile John Mahama administration left office, they could not be converted into ambulances.
“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.
