A-G abandons appeal against Ato Forson
The Attorney-General, Dr Dominic Akuritinga Ayine, has decided not to pursue an appeal at the Supreme Court against the acquittal of the Finance Minister, Dr Ato Forson, by the Court of Appeal.
Dr Forson was previously standing trial at the Accra High Court on allegations of causing financial loss of €2m
in an ambulance purchase deal, but was subsequently acquitted and discharged by the Court of Appeal on July 30, 2024, after his submission of no case was upheld by the second highest court of the land.
In a notice of abandonment of appeal filed at the Supreme Court on January 24, 2025, the A-G indicated that his outfit had no intention of pursuing the matter.
“Please take notice that the Republic having previously served notice of appeal to appeal to the Court against the judgment delivered by the Court of Appeal on the 30th day of July 2024, hereby gives you notice that the Republic does not intend further to prosecute the appeal, but that the Republic abandons all further proceedings with respect to this matter as from the date of this notice,” the A-G stated.
Background
Dr Forson and a businessman Richard Jakpa were accused of causing financial loss of €2.37 million to the state in a deal to purchase 200 ambulances for the country between 2014 and 2016.
They pleaded not guilty to counts of willfully causing financial loss to the state, abetment to wilfully causing financial loss to the state, contravention of the Public Procurement Act and intentionally misapplying public property.
Per the A-G’s facts accompanying the charge sheet, in 2009, while delivering the State of the Nation Address, the then President, Prof. John Evans Atta Mills, indicated that new ambulances would be purchased to expand the operations of the National Ambulance Service.
Jakpa, who is a local representative of Big Sea General Trading Limited, a company based in Dubai, subsequently approached the Ministry of Health with a proposal that he had arranged for finance from Stanbic Bank for the supply of 200 ambulances to the government.
Parliament approved the financing agreement between the government and Stanbic Bank.
According to the facts, on November 19, 2012, Dr Anemana wrote to the Public Procurement Authority (PPA) seeking approval to engage Big Sea through single sourcing for the supply of the 200 ambulances.
They added that on August 7, 2014, Dr Forson wrote to the Bank of Ghana for letters of credit covering €3.95 million for the supply of 50 ambulances in favour of Big Sea.
The letters of credit were accordingly released to Big Sea.
The facts said 30 ambulances were purchased at a sum of €2.37 million but all were found not to have met ambulance specifications and therefore “not fit for purpose”.