Court of Appeal Set Ato Forson, Jakpa Free

Ghana’s Court of Appeal has acquitted and discharged Dr. Cassiel Ato Forson, the Minority Leader in Parliament, and businessman Richard Jakpa, technically bringing to an end a case trial that has been pending for years for allegedly causing financial loss of €2.37 million to the State in an ambulance deal.

The High Court, under Justice Afia Serwaa Asare Botwe, had previously rejected Dr. Forson’s argument that there was no case against him, and ordered him to open his defense. Jakpa had also faced similar hurdles, having to call witnesses in his defense.

The Court of Appeal’s decision, announced yesterday, July 30, sides with Dr. Forson’s submission that there was insufficient evidence to continue with the trial. The ruling means that Dr. Forson is no longer required to open his defense.

The Appeal Court decision was ruled on a 2:1 majority vote with further indication that, the Minority Leader had not shown any statute provisions that warrant a mistrial in this case nor to enquire into the affairs of the Attorney General.

Counsel for Ato Forson, Edudzi Tamekloe explaining the ruling said, “What happened is that after the prosecution called their witnesses, lawyers for the accused persons did what we call ‘a submission of no case’. The Court dismissed the submission of no case and ruled that case has been made against the accused person, warranting them to open their defence. We appealed that decision for us to open our defence. It is that appeal that today, the court of appeal by a 2-1 majority upheld, thereby acquitting and discharging Dr Cassiel Ato Forson and Richard Jakpa.

He added, “By this, the court further ruled that the order by the trial court judge for the accused persons to open their defence is hereby set aside.”

Meanwhile, the Attorney General and Minister of Justice, Godfred Yeboah Dame has said he would appeal against the ruling of the Appeal Court.

In a statement shortly after the ruling, the AG office said, it “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.”

Read full statement below:

A-G’s PRESS RELEASE:

RE: REPUBLIC Vrs. 1. CASSIEL ATO FORSON & 2 OTHERS 

1. 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.
2. 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.
3. The relevant facts of the matter, as borne out by the undisputed evidence led so far, show that:
4. Vehicles purporting to be ambulances were imported into the country in December, 2014 in violation of the contract governing the transaction.
5. 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.

iii. 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.
iv. 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.

1. 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.

1. 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.

vii. 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.

4. 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. END.