Ambulance Case: ‘Perverse’ Court of Appeal Decision “Grossly Unfair to the Nation” – Godfred Dame
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 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 after acquitting and discharging the Minority Leader, Dr Cassiel Ato Forson in the Ambulance Case.
According to the Attorney-General and Minister for Justice, The Office will promptly file an appeal in order to erase the effect of this erroneous decision of the Court of Appeal.
Cassiel Ato Forson and Richard Jakpa, who is a representative for Big Sea have been accused of causing financial loss of €2.37 million to the state in a deal to purchase 200 ambulances for the country between 2014 and 2016.
No Case
Ato Forson had argued that there was no case for him to answer, but this submission was initially rejected by the trial judge. Jakpa had similarly failed a similar submission of no case and has since called a number of witnesses in his defence.
The Court of Appeal’s decision now upholds Dr Ato Forson’s submission.
Accordingly, the court held that there was no basis for the trial High Court to call Dr. Forson to open his defence.
Background
In 2009, the then-President, Prof. John Evans Atta Mills, announced plans to purchase new ambulances to expand the operations of the National Ambulance Service. Jakpa’s company, Jakpa at Business, was appointed as the local representative of Big Sea General Trading Limited, a company based in Dubai, to supply the ambulances.
Parliament approved the financing agreement between the government and Stanbic Bank, and the letters of credit were established in favour of Big Sea. However, the government alleged that Jakpa’s company received payments for ambulances that did not meet specifications, resulting in a financial loss to the state.
Back To High Court
Following the Court of Appeals’ ruling on Tuesday morning, the trial at the High Court resumes this afternoon, where the court would be served with the decision of the Court of Appeal.
Read attached the Attorney-General’s full statement
Source: Peacefmonline.com
