Justice Afia Serwah Asare-Botwe, a High Court Judge, has advised Attorney-General and Minister for Justice Godfred Yeboah Dame to withdraw from the ambulance procurement case involving Dr. Cassiel Ato Forson and Richard Jakpa. The judge’s recommendation comes in light of allegations of professional and prosecutorial misconduct against the Attorney-General.
According to reports, Godfred Dame attempted to explain himself, but the judge maintained her position on the matter.
The court’s decision follows separate applications filed by the first accused, Dr. Forson, and the third accused, Richard Jakpa. These applications sought various orders, including an inquiry into the Attorney-General’s conduct based on Jakpa’s claims that the Attorney-General had been contacting him at odd hours. They also requested a mistrial to terminate the case, a stay of proceedings until the applications were resolved, and a motion to dismiss the charges against Jakpa.
Dr. Ato Forson, who serves as the Minority Leader and former Deputy Finance Minister, filed three of these motions, while Jakpa filed the last one. Both individuals are on trial for allegedly causing a financial loss of €2.37 million to the state through a contract to purchase 200 ambulances for the Ministry of Health, among other charges.
Although the court declined jurisdiction to order an inquiry and declare a mistrial based on the allegations of prosecutorial misconduct, it advised Dr. Ato Forson to seek redress from the General Legal Council if he wished to pursue the matter further. Furthermore, the court admitted a telephone recording between Jakpa and the Attorney-General as evidence, overruling the Attorney-General’s objections regarding its admissibility.
This ruling is significant, as it marks the first instance in which a Ghanaian court has advised an Attorney-General to recuse himself from a trial due to allegations of misconduct. The development adds a new layer of complexity to the ongoing ambulance procurement case and raises questions about the Attorney-General’s role in the proceedings.
