Attorney General Denounces ‘Grossly Unfair’ Ruling in Ambulance Case, Announces Appeal

The Attorney General and Minister of Justice, Godfred Yeboah Dame, has announced his intention to appeal the recent decision by the Court of Appeal that overturned the ongoing Ambulance Trial. The case involves Minority Leader Cassiel Ato Forson and businessman Richard Jakpa, who have been accused of causing financial loss to the state.

On a 2:1 majority vote, the Court of Appeal quashed the trial, which had been a subject of significant controversy. The decision by the appellate court effectively halted the proceedings that were examining allegations against Forson and Jakpa. The Attorney General has criticized the ruling as unjust and flawed, asserting that it undermines the integrity of the legal process.

In his statement, Dame expressed strong dissatisfaction with the court’s decision, labeling it as “perverse,” “grossly unfair,” and “erroneous.” He emphasized that the ruling disregards critical aspects of the case and fails to uphold the principles of justice.

The Attorney General’s appeal aims to challenge the appellate court’s judgment and seek a reversal of the decision. Dame’s move reflects a commitment to ensuring that the trial’s integrity is maintained and that the legal process proceeds fairly.

This appeal is expected to bring the case back into the judicial spotlight and potentially lead to a reexamination of the allegations against Forson and Jakpa. The outcome of the appeal will be closely watched, as it could have significant implications for the ongoing legal proceedings and the broader legal landscape.

Cassiel Ato Forson and Richard Jakpa, a representative for Big Sea, were accused of causing a financial loss of €2.37 million to the State in connection with a deal to purchase 200 ambulances between 2014 and 2016. The case, which was being reviewed by the Court of Appeal, involved allegations that the two individuals mishandled the procurement process, resulting in significant financial loss to the country.

The Court of Appeal recently ruled that Forson and Jakpa have no case to answer. This decision effectively overturned an earlier ruling by the trial High Court, which had allowed the case to proceed. As a result of the appellate court’s ruling, the trial, which had seen Richard Jakpa, the third accused, call several witnesses in his defense, has been halted.

The Court’s decision means that the earlier determination by the High Court for the case to continue is now set aside. This outcome has significant implications for the legal proceedings, as it brings an abrupt end to the trial that was examining the allegations against Forson and Jakpa. The ruling underscores a major shift in the judicial handling of the case and raises questions about the future direction of the legal process.

The Attorney General and Minister of Justice, Godfred Yeboah Dame, has expressed strong objections to this decision and announced plans to appeal the ruling. Dame argues that the appellate court’s decision is unjust and flawed, and he is seeking a reversal to ensure that the legal process remains thorough and fair.

In a statement released shortly after the Court of Appeal’s ruling, Attorney General Godfred Dame criticized the decision as fundamentally flawed. He described the appellate court’s judgment as “perverse” and detrimental to public accountability and the rule of law. According to Dame, the ruling is markedly contrary to the substantial evidence presented by the prosecution, which supported the charges against the accused in the trial.

Dame elaborated on what he deemed the ‘relevant facts of the matter,’ asserting that the Court of Appeal’s decision disregards the compelling evidence provided. He concluded that the ruling is “grossly unfair” to the nation and undermines efforts to combat impunity and misconduct in public office.

The Attorney General emphasized that his office views the appellate court’s decision as a serious setback in the fight against corruption and abuse. As a result, the Office of the Attorney-General will take immediate action by filing an appeal to overturn the “erroneous” decision and restore justice in the case.

AG’s summary of the Ambulance Trial

In December 2014, vehicles falsely labeled as ambulances were imported into the country, breaching the contract terms of the transaction.

Former Health Minister Sherry Aryittey had issued a written warning against the importation of these vehicles. The Ministry of Health did not request their importation or the establishment of letters of credit for payment.

Without a request or authorization from the Ministry of Health and after the contract’s supply period had expired, Cassiel Ato Forson instructed the Bank of Ghana and the Controller and Accountant-General to issue letters of credit for the vehicle payments in August 2014.

Letters of credit were issued on August 18, 2014. Big Sea General Trading LLC, the Dubai-based suppliers without parliamentary approval for their contract, shipped the vehicles upon receiving these letters.

When the vehicles arrived, they did not meet contract specifications and lacked essential parts and equipment. The National Ambulance Service and the Ministry of Health identified significant defects in all key components.

The defects were so severe that former Health Minister Dr. Alex Segbefia called the vehicles “ordinary vans” unsuitable for their intended use. A 2015 report by Mercedes Benz dealers, commissioned by the Ministry of Health, confirmed that the vehicles could not be converted into ambulances.

The defects were so severe that from December 2014 to January 2017, under the John Mahama administration, the vehicles could not be converted into ambulances.