The Court of Appeal has acquitted and discharged the Minority Leader, Dr. Cassiel Ato Forson, from the ongoing ambulance case.
This decision overturned the previous order from the trial court, which required Dr. Ato Forson to present his defence.
The Court of Appeal’s ruling sets aside the trial court’s directive, delivered by Justice Afia Serwaa Asare Botwe, which had dismissed Ato Forson’s submission of no case.
The Court of Appeal’s decision now upholds Dr Ato Forson’s submission.
Dr. Ato Forson had argued that there was no case for him to answer, but this submission was initially rejected by the trial judge.
As a result, Dr. Ato Forson is no longer required to open his defence in the ongoing trial, marking a significant development in the case.
Cassiel Ato Forson and Richard Jakpa, who is a representative for Big Sea, have been accused of causing a financial loss of €2.37 million to the State in a deal to purchase 200 ambulances for the country between 2014 and 2016.
The judge sitting on the ongoing ambulance purchase trial, Justice Afia Serwah Asare-Botwe, has warned parties involved in the case to tone down on their submissions and assertions outside of the court.
According to her, any attempt by any individual to scandalise the court will not be tolerated.
Addressing the gathering ahead of the commencement of today’s hearing, Justice Asare-Botwe however noted that she will not be swayed by the commentaries going on outside the courtroom.
She also warned the parties involved in the trial to desist from attempting to manipulate public opinions ahead of her judgement.
The warning by the sitting judge follows ongoing debate in the media space after the third accused, Richard Jakpa made some allegations against the Attorney-General, Godfred Dame Yeboah.
Mr Jakpa said in open court that the Attorney-General had on several occasions engaged him at odd hours to incriminate the first accused and Minority Leader, Dr Cassiel Ato Forson.
“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 [Ato Forson] when I’m here to defend myself,” Mr Jakpa added during court proceedings on Thursday, May 23, 2024.
Consequently, Justice Asare-Botwe called the Attorney-General and lawyers of Ato Forson into her chambers for a meeting that lasted for about 30 minutes. The statements by Mr Jakpa were then put on record.
Although the A-G’s office has since responded to the allegations, describing the statement as false and misleading, many are skeptical.
Amidst calls for the resignation of the Attorney-General, some private legal practitioners are asking for a special probe into the conduct of Godfred Dame.
Meanwhile, both the National Democratic Congress (NDC) and the New Patriotic Party (NPP) are set to hold separate press conferences today, Tuesday, May 28 on the matter.
A former Director of the Ghana School of Law and private legal practitioner, Kwaku Ansah-Asare, has called for the impeachment of the Supreme Court justice who reportedly hosted the Attorney-General, Godfred Yeboah Dame and the third accused person in the ambulance purchase trial in his home in a supposed plea bargain negotiation.
The National Youth Organiser of the governing New Patriotic Party (NPP), Henry Nana Boakye, has already named Emmanuel Yonny Kulendi as the justice in question.
Richard Jakpa, the third accused in the ambulance purchase trial, claimed that the Attorney-General had previously approached him to help build a case against the Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson.
During cross-examination by counsel for the Minority Leader, Jakpa was cautioned by the trial judge, Justice Afia Serwah Asare-Botwe, to be direct in his responses and avoid wasting the court’s time.
In response to the judge’s caution, Attorney-General Yeboah Dame accused Jakpa of defending the Minority Leader.
Godfred Yeboah Dame is Ghana’s Attorney-General and Minister of Justice
This accusation prompted Jakpa to retort that the Attorney-General seemed aggrieved because he had previously failed to get him to help the state build a case against Dr 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 said in court.
Subsequently, the Spokesperson for the Attorney-General’s Department, Isaac Wilberforce Mensah, stated that the Attorney-General met only with Richard Jakpa at the pre-negotiation stage because Jakpa did not have a legal representative.
Additionally, he said the meeting was held in the home of a Supreme Court justice, and that Mr. Dame did no wrong.
Dr Cassiel Ato Forson is Minority Leader
Speaking on JoyNews on Tuesday, May 28, Mr Asare said that based on the Attorney-General’s spokesperson’s comments about Mr Dame holding a pre-negotiation meeting in the home of a Supreme Court justice, the said justice must be removed.
“If it is true that the meeting took place at the house of the sitting Supreme Court judge, he must be impeached. The Chief Justice must set the ball rolling,” he said.
Mr Ansah cautioned that although he was pushing for the justice’s impeachment, an investigation must be carried out to ascertain if the said justice was indeed one of the Supreme Court justices.
Also, Mr Asare asserts that A-G must tender in his resignation for engaging in pre-negotiation with an accused.
Meanwhile, both the A-G and the accused have threatened to release further evidence to fortify their cases.
Other lawyers have also called on the right state institutions to investigate the matter since it has serious implications for justice delivery in the country.
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