The Attorney-General (AG) and Minister for Justice, Dr Dominic Ayine, has revealed that he discontinued the trial of the current Finance Minister, Dr Cassiel Ato Forson because he believes he was politically victimised.
In a press conference on Wednesday, Dr Ayine explained the reasons behind his decision to drop several major trials involving political figures, most of whom are members of the governing National Democratic Congress (NDC) government.
In Dr Ato Forson’s case, the AG stated that he had been involved in the case from the onset and had a thorough understanding of the trial.
Dr Ayine further explained that after reassessing the case upon taking office as AG a few weeks ago, he found no justification to continue the trial against Dr Ato Forson.
“I believed then, and still believe now, that Hon. Ato Forson was a victim of a political witch-hunt and that he has no case to answer in this trial,” he said.
The AG also stated that the entire case against Dr Ato Forson lacked legal merit.
“That position was vindicated by the erudite judgment of the Court of Appeal which ruled that the trial court erred in calling upon the accused persons to mount their defence. When the then Attorney General vowed to file an appeal and actually went ahead to do so, I took the view that it was done to save face and that there was not a scintilla of merit to his appeal. Indeed, the appeal was, to say the least, incompetent” he said.
Two weeks ago, the AG discontinued the controversial ambulance procurement case involving Dr Ato Forson, and businessman Richard Jakpa, the third accused. This decision was formalised in a notice issued by the AG’s chambers.
This follows a ruling by the Court of Appeal, which acquitted and discharged Dr Cassiel Ato Forson and Richard Jakpa, the third accused.
Background
Dr Cassiel Ato Forson and Richard Jakpa were accused of causing a financial loss of €2.37 million to the state in a deal to purchase 200 ambulances between 2014 and 2016.
Dr Ato Forson was then the deputy finance minister and Mr Jakpa was acting as a local representative of a firm based in Dubai in the United Arab Emirates (UAE), Big Sea General Trading Limited.
The two accused individuals pleaded not guilty to charges including wilfully causing financial loss to the state, abetment to wilfully causing financial loss, contravention of the Public Procurement Act, and intentionally misapplying public property.
According to the AG’s charge sheet, during the 2009 State of the Nation Address, then-President Prof. John Evans Atta Mills announced plans to purchase new ambulances to expand the National Ambulance Service’s operations.
Mr Jakpa approached the Ministry of Health with a proposal. He claimed to have arranged financing from Stanbic Bank for the supply of 200 ambulances to the government.
The financing agreement between the government and Stanbic Bank was approved by Parliament.
On 19th November 2012, a former Director of the Ministry of Health wrote to the Public Procurement Authority (PPA), seeking approval to engage Mr Jakpa’s firm through single sourcing for the supply of the ambulances.
On 7th August 2014, Dr Ato Forson wrote to the Bank of Ghana requesting letters of credit covering €3.95 million for the supply of 50 ambulances in favour of Big Sea General Trading Limited. The letters of credit were subsequently issued.
The facts of the case state that 30 ambulances were purchased for €2.37 million, but none met the required specifications and were deemed “not fit for purpose.”
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