The third accused in the ongoing ambulance trial, Richard Jakpa, has filed a court application seeking to have the charges against him dismissed or, alternatively, have the proceedings against him stayed.
The application was submitted yesterday, Thursday, May 30, 2024, by his lawyers led by Thaddeus Sory of Messrs Sory @ Law.
In the application, Mr Jakpa, argues that the charges and proceedings initiated by Attorney-General Godfred Yeboah Dame, constitute an abuse of court processes and violate the obligations set in the 1992 Constitution.
He contends that the Attorney-General is misusing his constitutional powers by prosecuting him without justification.
Mr Jakpa, also claims that in private conversations, the Attorney-General admitted that there is no case against him.
This assertion further supports Mr Jakpa’s argument that the prosecution is unwarranted and constitutes an abuse of power.
“The Attorney-General at whose instance the Third Accused/ Applicant is being prosecuted in the instant suit has brought the charges and instituted the proceedings in abuse of the process of the court and contrary to his constitutional obligations under articles 23 and 296 of the 1992 Constitution.”
Last week, Richard Jakpa, the third accused in the case, claimed that the Attorney-General had encouraged him to provide false testimony against Dr. Ato Forson during the trial.
To support Mr Jakpa’s allegations, the National Democratic Congress (NDC) released a 16-minute phone recording purportedly capturing a conversation between Attorney-General Godfred Dame and Mr Jakpa.
The recording allegedly reveals Mr Dame coaching Jakpa on what statements to make in court to incriminate Dr Ato Forson.
At a press conference on May 28, NDC National Chairman, Johnson Asiedu Nketia, asserted that the tape exposed a coaching session intended to manipulate Mr Jakpa’s testimony.
In his witness statement, Mr Jakpa testifies under oath that the Attorney-General, Godfred Dame, assured him of his innocence and guaranteed his acquittal during several interactions.
Jakpa further alleges that Dame informed him his inclusion in the prosecution was to disguise the true motive behind the trial.
He claims that Dame initiated the action due to pressure from President Akufo-Addo and Finance Minister Ken Ofori-Atta to persecute Dr Cassiel Ato Forson, the then-ranking member for finance and now the Minority Leader.
Jakpa is requesting the court to allow him to testify to these matters and to be cross-examined.
In the formal notice submitted to the court, Jakpa’s lawyers, represented by Thaddeus Sory of Messrs Sory @ Law, stated: “PLEASE TAKE NOTICE that this honourable Court shall be moved by THADDEUS SORY ESQ., of MESSRS SORY @ LAW, Counsel for and on behalf of the Third Accused/Applicant herein praying the Court for an order: i. Striking out the charges and accordingly terminating the proceedings against the Third Accused/Applicant, or alternatively, ii. A stay of the proceedings before the Court against the Third Accused/Applicant.”
Attorney-General’s Response
In response to the allegations, the Attorney-General’s Department, through Deputy Attorney-General Alfred Tuah-Yeboah, defended Godfred Yeboah Dame. Tuah-Yeboah argued that the alleged audio recording of a conversation between Dame and Jakpa does not contain any inappropriate content.
He stated, “There is no doubt that the Attorney-General had a conversation with the third accused, as you’ve heard from our spokesperson. Very true, circumstances led to that kind of conversation and we think nothing untoward was said.”
Tuah-Yeboah, also emphasized that the audio would not affect court proceedings, asserting that the legal process should remain separate from public and political discourse.
He added, “The audios, if there are any, have nothing to do with what we are doing in court. And the judge made it known that what we are doing in court is different from what we are doing in the public space, that is, politicking.”
Calls for Resignation
Following the release of the audio, the NDC and several commentators, have called for the resignation of Godfred Dame.
Private legal practitioner, Martin Kpebu, joined these calls, criticizing the Deputy Attorney-General for defending Dame. Kpebu argued, “This tape is so bad, Dame should just tender his resignation and go because the more he stays in the office, the more these arguments and debates will go on and the more he is dragging the name of the office of the Attorney-General into the mud.”
Kpebu suggested that both the Attorney-General and the Deputy Attorney-General should resign to restore public confidence.
He stated, “The more they stay, the more it drags the judiciary, the office of the Attorney-General, and the government—and by extension, the whole of Ghana—into disrepute. If they quickly resign, it will indicate to the world that steps are being taken to restore confidence.”
This high-profile case continues to attract significant public interest and scrutiny, highlighting the importance of transparency and integrity in the legal process.
