…Moves from Judge-Shopping to witness-bribing; Ex-MASLOC boss trial also mentioned
The Attorney-General and Minister of Justice, Godfred Yeboah Dame, has confirmed meeting two of the accused persons in the criminal trial involving the purchase of some ambulances for the Ghana Health Service, but said he did so based on a Plea Bargain.
A spokesperson for the Attorney-General, Wilberforce Mensah, who is out defending the decision to approach, Richard Jakpa, the 3rd accused in the Ambulance case, yesterday, insisted there “is nothing wrong” with his boss’ action.
The 3rd accused in court, yesterday, angrily dropped a bombshell on the Attorney-General, revealing he had approached him at odd hours to implicate the Minority Leader, Cassiel Ato Forson, who is the first accused person in the criminal case.
Reports are that one of the said meetings between Richard Jakpa and Dame, to implicate the Minority Leader, took place in the home of a Supreme Court judge. Jakpa was said to have gotten angry and insulted Dame, and left the meeting.
Additional reports available to The Herald show that a similar coercive strategy was deployed in the trial of a former boss of the Microfinance and Small Loans Centre (MASLOC), Sedina Tamakloe Attionu, for causing a financial loss of GH¢90 million to the state, and jailed in absentia.
Daniel Axim, a former Operations Manager of MASLOC, who was charged and jailed for five years alongside his boss, Mrs Attionu, is reported to have told friends and family that he was enticed with a promise to be set free if he could implicate his former boss. He articulately did so, yet got incarcerated.
Interestingly, the Accra High Court presided over byJustice Afia Serwah Asare-Botwe, which handed a 10-year jail term to MrsAttionu,is whereCassiel Ato Forson and Richard Jakpa are being prosecuted.
Dame was last week, condemned over his defence of the Chief Justice, Gertrude Torkornoo, following her decision to disband an earlier Supreme Court panel hearing an appeal filed by D. Stephen Opuni in the COCOBOD trial and replace it with another panel which she presides.
The same Chief Justice, had transferred a High Court judge, Justice Kwasi Anokye Gyimah, who had demanded that the Opuni-Agongo trial be started afresh as a result of its political controversy and accusations of bias against the first trial judge, Justice Clemence Jackson Honyenuga. Justice Aboagye Tandoh, who was brought to Accra from the Winneba High Court is currently sitting on the case.
But responding to the happenings in court, Wilberforce Mensah, said the A-G’s act is not unlawful, and contended that the Plea Bargain Act, Act 1079 section 162 (c) allows for the prosecution to initiate plea bargains with accused persons.
He further emphasized that Richard Jakpa, has earlier initiated a plea-bargaining process by writing to the A-G and the meetings they had was only to that effect.
He said there “is nothing wrong” with the Attorney-General’s action.
“The Minister for Justice has not done anything unlawful. The question is whether the law permits the Minister for Justice to do same and the answer is yes. If you look at Act 1079 which is the plea bargain Act, section 162 (a) and 162 (c) says prosecution can initiate plea bargains.
“So, if that is what happened there is absolutely nothing unlawful about that…even if the Attorney-General initiated that it is allowed under section 162(c),” he explained.
Richard Jakpa, had accused Godfred Yeboah Dame of approaching him to help him implicate the Minority Leader and former Deputy Finance Minister.
The businessman who was under cross-examination by counsel for the Minority Leader, Edudzi Tamakloe, had earlier been warned by Justice Afia Serwah Asare-Botwe to be direct in his responses, rather than going around it and wasting the Court’s time.
Godfred Yeboah Dame, who was in court reacting to the judge’s caution accused Richard Jakpa of defending the Minority Leader. This triggered the third accused who retorted that the Attorney-General appeared pained because he had engaged him to help the state make a case against Dr Cassiel Ato Forson.
“The A-G has on several occasions engaged me at odd hours to help him make a case against A1 and I have evidence for that.. If he pushes me, I will open the Pandora’s box. I don’t understand why the A-G will accuse me of defending A1, when I’m here to defend myself,” Jakpa fumed in court.
“If he pushes me, I’ll open the Pandora’s box. I have evidence to all this,” a visibly angry Richard Jakpa indicated to the court.
The countenance of Minority Leader, changed as he looked shocked and angered by the development.
In a bid to douse the situation, Justice Asare-Botwe, ordered Richard Jakpa to stop raising his voice and asked that water be brought to him.
But Richard Jakpa refused to drink after accepting the bottle, saying he was too upset. The case was stood down for some time after the judge called the Attorney-General and lawyers of Ato Forson.
The National Communications Officer of the National Democratic Congress (NDC), Sammy Gyamfi, has since told the media that the Attorney General, has been scheming to jail the Minority Leader at all costs.
Speaking to the media moments after Thursday’s court proceedings, Mr Gyamfi disclosed the overtures being made by the AG and the calls to the third accused person at odd hours all in an attempt to get incriminating testimony against the Minority Leader.
“We have times without number explained why we think that Hon Ato Forson is innocent. And that this case is needless. The minority leader has opened his case and closed it. Currently, the 3rd accused is being cross-examined by lawyers for a minority leader who is the first accused.
“We were all in court to monitor the proceedings, but we were shocked to the marrow when the 3rd accused under cross-examination disclosed to the court that the Hon Attorney General has been reaching out to him, calling him over the phone that he has reached out to him and met him in person.
“That the Attorney-General has been asking to give false testimony to the court and skew his testimony in such a way that corroborates the AG, against the first accused so that the first accused can be convicted and jailed. He said this in open court.”
The NDC’s National Chairman, Johnson Asiedu Nketiah has issued a statement on the revelation that the Attorney-General, Godfred Yeboah Dame has had several meetings with Jakpa at odd hours and telephone conversations impressing upon him to skew his testimony to implicate the Minority Leader.
“The NDC is deeply scandalised by this clear case of persecution against the Leader of the party’s Caucus in Parliament who has been at the forefront of our struggle against the misrule of the oppressive and despotic Akufo-Addo/Bawumia NPP regime”.
“This revelation goes to confirm legitimate and long-held suspicion of the devious modus operandi of Godfred Dame and the government he represents” adding “it further shows the desperate lengths the Akufo-Addo/Bawumia NPP government will go to manipulate judicial processes to unjustly victimise political opponents for cheap political goal-scoring”.
“It also confirms the lack of integrity of the dishonourable Attorney-General and the extent to which he goes to pervert the course of justice.
“The NDC wishes to serve notice that early next week, the party shall hold a full-blown press conference and put out incontrovertible evidence on this matter that will shock the nation. We will stop at nothing in pursuing this matter to its logical conclusion and ensuring that justice is done.
Ahead of the Attorney-General’s spokesperson, the Office of the Attorney-General and Ministry of Justice also claimed that there has been intense pressure from all manner of persons to discontinue the ambulance purchase trial involving Minority Leader Dr. Cassiel Ato Forson.
The AG in a statement said the third accused rather in a series of letters requested plea bargaining which has not been accepted.
“It is rather the third accused who, by various letters dated 27th April 2023, 16th May 2023, 30th May 2023 and 12th June 2023, has proposed to the Republic through the Attorney-General to engage in plea bargaining or plea negotiations. This plea bargaining proposal has, to date, not been accepted by the Attorney-General.
“Even though the law on plea bargaining passed by Parliament permits a prosecutor to negotiate with an accused person after a plea proposal has been made, the Attorney-General has not engaged the third accused person to give false testimony in the matter.
The Office of the Attorney-General and Ministry of Justice stated that the latest allegation is part of a grand scheme by the NDC to put more pressure on him to discontinue the prosecution or to divert attention from the real issues
“The Office of the Attorney-General and Ministry of Justice considers the latest allegation levelled against the Attorney-General as part of a grand scheme by the NDC to put more pressure on him to discontinue the prosecution or to divert attention from the real issues regarding the actions of the accused persons which have caused enormous financial loss to the State.
“The Attorney-General has also come under enormous pressure from all manner of persons for him to discontinue the prosecution of the 1st accused person, Cassiel Ato Forson, but has not yielded.”
The A-G’s statement signed by Alfred Tuah Yeboah, Deputy Attorney-General & Minister For Justice said neither the Attorney-General nor any officer from the Office of the Attorney-General has approached any of the accused persons with the view to obtaining evidence from them. But NDC fired back fiercely rebutting claims made by the Attorney General, asserting that Dr Cassiel Ato Forson, the Minority Leader, met with him to request the discontinuation of the ongoing case against him.
In a strongly-worded statement issued by Sammy Gyamfi Esq., National Communications Officer of the NDC, the party labelled Dame’s assertions as “sheer desperation.”
Comparing the Attorney General to a “drowning man clutching at straws,” Gyamfi dismissed Dame’s allegations as fabrications, noting the absence of any video evidence to support the claim. The NDC has dared Dame to produce such evidence within 24 hours if it exists, challenging his credibility and integrity.
The controversy escalated, following a courtroom revelation by the third accused person, who accused the Attorney General of coercing him through phone calls and late-night meetings to falsify testimony against the Minority Leader.
This testimony, recorded in the court’s official proceedings, went uncontested by Dame during the session, further fueling the NDC’s accusations.
Gyamfi emphasized the severity of the situation, highlighting that Dame’s actions breach multiple rules of the LEGAL PROFESSION (PROFESSIONAL CONDUCT AND ETIQUETTE) RULES 2020 (L.I 2423), specifically rules 13, 40, and 54. Moreover, the NDC posited that Dame’s conduct could amount to Fabrication of Evidence, a serious offence under sections 213 and 214 of the Criminal and Other Offenses Act, 1960 (ACT 29).
“The damning revelation is not a mere allegation but part of the court’s official records,” Gyamfi stressed, calling Dame’s behavior unethical and unprofessional. He concluded with a warning: “Godfred Dame will not get away with this one. His cup is full.”
The NDC’s statement underscores the high stakes and intense political drama surrounding the case, signalling potential legal and professional repercussions for the Attorney General.