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 challenging the acquittal of the Finance Minister, Dr Cassiel Ato Forson, and businessman, Richard Jakpa, by the Court of Appeal.

Dr Forson was previously standing trial at the Accra High Court on allegations of causing a 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 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 in the notice filed at the apex court.

Dr Forson, who was charged during his tenure as the Minority Leader in Parliament for allegations levelled against him as the Deputy Finance Minister, and Jakpa were on trial for more than two years on various counts of wilfully causing financial loss to the state and misapplying public property in a deal to purchase 200 ambulances for the State from 2014 to 2016 during his tenure as a Deputy Minister of Finance.

They pleaded not guilty to all the charges. 

Acquittal

On July 30, 2024, the Court of Appeal acquitted and discharged Dr Forson and Jakpa after it upheld their appeal challenging the trial High Court’s decision to dismiss their “submission of no case”.

In a 2-1 majority decision, the Court of Appeal held that the evidence provided by the prosecution during the trial was not sufficient to establish a prima facie case to warrant the accused persons to answer to the charges levelled against them.

Consequently, the second highest court of the land held that the trial High Court erred in law and had no basis to call the accused persons to open their defence.

“The appeal succeeds.

The accused persons are acquitted and discharged,” the Court of Appeal ruled.

Justices Philip Bright Mensah and Kweku Tawiah Ackaah-Boafo were on the majority side, while Justice Alex Poku-Acheampong dissented.

However, the then A-G, Godfred Yeboah Dame, disagreed with the Court of Appeal and appealed the decision of the court at the highest court of the land.

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