Stop tagging Judiciary – Majority Leader to NDC

• Posted on July 31, 2024July 31, 2024
• by Nana Kwesi Coomson
• Comment

The Majority Leader Alexander Afenyo-Markin has cautioned the Opposition National Democratic Congress and its Minority In Parliament to desist from tagging the judiciary as partisan and being under the control of the executive whenever cases do not go their way.

This follows a panel of three Judges in a 2-1 majority decision that the Minority Leader, Cassiel Ato Forson, and businessman Richard Jakpa have been acquitted and discharged by the Court of Appeal in the ongoing ambulance purchase trial.

In its majority decision, the Court of Appeal overturned a previous order from the high court requiring the Ajumako-Enyan-Esiam MP and Richard Jakpa to open their defense. They had been charged with allegedly causing a financial loss of €2.37 million to the State in a deal to procure ambulances for the Government of Ghana.

The three-member panel was presided over by Justice Alex Poku-Acheampong.
The rest of the panel consisted of Justices Philip Bright Mensah and Kweku Tawiah Ackaah-Boafo.

However, speaking on the floor of Parliament on Tuesday, July 30, the Majority Leader told the NDC Members of Parliament that the judiciary must be respected at all times whether decisions of the courts are in their favor or not.

Afenyo-Markin said “Mr. Speaker, it must never be said that the judiciary is under the control of the executive. Honorable Haruna Iddrisu is a courtroom practitioner just as I am, you were a courtroom practitioner. One of the things that we were taught at the bar was to accept the decision of the court and when we are not happy we should go up, that is how we enrich the law.

“So I think that in his celebration he should not use this as a forum to attack the A-G who has no right of the audience here. I celebrate your victory, you know how much it means to democracy in this country.

“Minority leader on trial, you have gone through the system, your belief in the judicial system, today, I don’t take alcohol but I can offer you a non-alcoholic wine. I know Ato doesn’t take alcohol either, anytime we go for lunch it is fruit juice so I will offer you fruit juice. But I want my brother Ato Forson and all colleagues to know that the judiciary and their independence must be respected” the Majority Leader added.

NDC Defends

Earlier, before his comments, the Tamale South Member of Parliament Haruna Iddrisu had told Attorney-General Godfred Dame that he would be defeated again if he went ahead to appeal the Court of Appeal ruling that acquitted and discharged the accused persons in the ambulance case.

The former Minority Leader described the Court of Appeal’s decision as courageous and independent, adding that “The court of appeal upheld that the decision by the High Court for him to proceed with submission of his case had no legal basis. I hear the AG instead of swallowing his humble pie is saying that he wants to litigate this matter. We assure him that he will be further disgraced. If you want to try people, try them on legally meritorious matters. The Minority is celebrating the independent courageous decision of the Court of Appeal.”

AG’s Next Move

Meanwhile, the Office of the Attorney-General has served notice to appeal the decision of the Court of Appeal in acquitting and discharging the accused persons in the ambulance trial.

The A-G office says it 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 A-G in its response to the ruling of the Court of Appeal said “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 defense.

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.

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

“With no request from the Ministry of Health or any authorization 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’’.

‘’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. 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’’.

“Such was the fundamental nature of the defects that a former Minister for Health, 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. 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.

“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 to erase the effect of this erroneous decision of the Court of Appeal.”
The High Court had said it is not hearing the Ambulance case in the light of the Court of Appeal’s decision to acquit and discharge the accused persons Dr Cassiel Ato Forson and Richard Jakpa.

Background

The High Court was due to sit on Tuesday, July 30 but on that same day, a Court of Appeal upheld an appeal on the Financial and Economic Court’s decision by Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson.

The High Court in March 2023 ordered Dr. Cassiel Ato Forson to open his defense after the Attorney General’s office established prima facie case against the former deputy finance minister in the 2.37 million Euro ambulance case.

Two others, Sylvester Anemana, a former Chief of Director, Ministry of Health, and Richard Jakpa, a businessman, who were standing trial with Dr Forson were also directed to open defense.

Dr. Forson and the two have been variously charged with willfully causing financial loss to the state to the tune of 2.37 million Euros in the purchase of ambulances, which could not be used for their intended purpose.

Lawyers of Dr Ato Forson filed a submission of no case after the prosecution closed its case but in its ruling on March 30, 2023, the presiding judge, Justice Afia Serwah Asare Botwe indicated that the accused persons should open their defense.

The Court of Appeal in its decision on July 30 indicated that the High Court’s decision should be set aside since “the prosecution failed to establish sufficient evidence’’.

‘’The trial judge erred in calling on A1 (Dr. Cassiel Ato Forson) to open his defense. No positively proven facts. Evidence based on Impermissible speculations. There is no link between the evidence heard and what happened for the third accused to be called to open defense.”

‘’The court also noted in its decision that: “If there is any financial loss, that was based on the Health Ministry’s recklessness and be blamed on the Ministry of Health. If they worked in the interest of the state the whole ambulance would have been dealt with. Both appellants have made a case for them to be acquitted and discharged.”

BY Daniel Bampoe