Ato Forson trial: Judge warns accused person over disrespectful conduct 

One of the accused persons standing trial with the Minority Leader, Dr Cassiel Ato Forson, made an outburst in the courtroom at the Accra High Court today.

This, did not go down well with Justice Afia Serwah Asare-Botwe, a Justice of the Court of Appeal, sitting as a High Court judge. 

The court therefore descended heavily on Richard Jakpa, for disrespecting the court.

Jakpa, a businessman is on trial with Dr Forson and another, for allegedly causing financial loss of €2.37 million to the state over some ambulance purchase,  

Graphic Online's Emmanuel Ebo Hawkson reports that in court on Tuesday [June 20, 2023], Justice Asare–Botwe warned the accused person not to ever act in such a manner again for she would not hesitate to invoke the powers of contempt.

“How dare you speak to the court like that? This should be the very last time you will show disrespect to the court, if you do, I will fully use my powers.

Mr Jakpa, this is the last time you will be in contempt of court and go home. What you have done is contemptuous and disrespectful,” Justice Asare-Botwe warned.

Disrespect for the court

The presiding judge said some people had chosen to malign the courts in the media, a situation which had created a fester ground for others to disrespect the court

“The kind of commentary people do in the press is responsible for this disrespect. People get up and say whatever they like regarding the court,” she said.

Justice Asare-Botwe said she would continue to give accused persons and patrons of her court the freedoms to fully access justice, but she would not countenance any form of disrespect.

Counsel for Japka, Thomas Aubyn, apologised for his client’s action, while Japka himself later apologised saying “My Lady, I am sorry”.

What happened?

The Head of Litigation of Stanbic Bank, Henry Myles Miles, the first witness requested by Dr Forson, was testifying regarding the terms of a loan agreement between the bank and the Government of Ghana for the purchase of some 200 ambulances.

Midway through the proceedings, Jakpa asked permission to go and urinate outside, which Justice Asare Botwe initially refused but shortly said he (accused person) should rather go and urinate in a washroom within the courtroom which had been created for accused persons.

Jakpa grudgingly left his seat, looked at the judge with disdain and entered the washroom, obviously angry.

The accused person kept so long in the washroom that his lawyer had to go inside and find out what was happening.

Both the accused person and the lawyer shortly came out of the washroom.

As Jakpa was about to sit down, Justice Asare –Botwe, in a friendly manner, said that she had instructed her court clerk to get him a hand sanitizer because she was told that there was no soap in the washroom.

Jakpa went into a frenzy and shouted “but you did not even want me to go and urinate, why are you offering me a sanitizer.”

This led to uproar in the courtroom with people surprised at the outburst of the accused person.  

Background 

Dr Forson, a former Deputy Minister of Finance, and the two others are standing trial for allegedly causing financial loss of €2.37 million to the state in a deal to purchase some 200 ambulances for the country between 2014 and 2016.

The other accused persons are Sylvester Anemana, a former Chief Director of the Ministry of Health and Jakpa, a businessman.

The accused persons have pleaded not guilty to five counts of wilfully causing financial loss to the state, abetment to wilfully cause financial loss to the state, contravention of the Public Procurement Act and intentionally misapplying public property.

Facts 

Per the A-G’s facts accompanying the charge sheet, in 2009, during the state of the nation’s address, the then President John Evans Atta Mills, indicated that new ambulances would be purchased to expand the services of the National Ambulance Service to many parts of the country.

It said following the state of the nation address, Jakpa, who is a local representative of Big Sea General Trading Limited, a company based on Dubai, 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.

“By a joint memorandum dated 30th April, 2012, the Minister of Finance, Dr Kwabena Duffuor, and the Minister of Health, Alban S.K Bagbin, applied for parliamentary approval for the supply of 200 ambulances at a price of €15,800,000 to be paid out of credit arrangement between Stanbic Bank and the government of Ghana through the Ministry of Finance.

This memorandum to Parliament did not make reference to any role to be played by either Big Sea General Trading Limited or agents for Big Sea.

It also did not refer to the terms under which the ambulances would be procured or the terms under which the company will be involved in the transaction,” the facts added.

Parliament, it said, approved the financing agreement between the government and Stanbic Bank.

According to the facts, Graphic Online's Emmanuel Ebo Hawkson reports that on November 19, 2012, Anemana wrote to the Public Procurement Authority (PPA) seeking approval to engage Big Sea through single sourcing for the supply of 200 ambulances.

“By an agreement dated December 19, 2012, the Ministry of Health, formally contracted Big Sea General Trading, based in Dubai, for the supply of 200 Mercedes Benz ambulances. The contract sum was €15.8million at a unit price of €79,000)

“The terms of the delivery, as per the agreement, were that the first assignment of 25 vehicles should be delivered within 120 days of the execution of the agreement. The outstanding 175 vehicles were to be delivered in batches of 25 every 30 days,” the facts said.

It said per the terms of the agreement, advance payment was prohibited, but rather the payment was to be done through the raising of letters of credit by the government of Ghana to the suppliers of the ambulances.

Alleged defects

The facts added that on August 7, 2014, Dr Forson, who was the Deputy Minister of Finance, wrote to the Bank of Ghana for letters of credit of €3,950,000 for the supply of 50 ambulances in favour of Big Sea.

The letters of credit, the facts added were accordingly released to Big Sea.

“A consignment of 10 ambulances which was shipped from Dubai on October 22, 2014, arrived on December 16, 2014. A post-delivery inspection of the first batch of 10 ambulances revealed that some were without any medical equipment in them. Other fundamental defects included defects on the body of the vehicles and the patient compartment of the ambulances.

“The third batch of 10 vehicles were shipped on February 12, 2015. By this time, the second batch had already arrived at the Tema Port. All the 20 ambulances had the same fundamental defects. A total amount of €2,370,000 was paid for the 30 vehicles, the facts added.

It said in a letter dated January 20, 2016, the then Minister of Health, Mr Alex Segbefia, told Big Sea that “the vehicles did not meet ambulances specifications and were not fit for purpose.”

Writer’s email: emma.hawkson@graphic.com.gh