A-G appeals Ato Forson, Jakpa acquittal

The Office of the Attorney-General (A-G) has appealed to the Supreme Court to reverse the Court of Appeal decision to acquit and discharge Minority Leader, Dr Cassiel Ato Forson, and businessman, Richard Jakpa.

Dr Forson and Jakpa, who were standing trial on charges of causing financial loss of €2.37 million to the state in an ambulance deal, were set free by the Court of Appeal on July 30, this year, after the court held that there was no prima facie case for them to answer at the trial High Court.

The A-G’s appeal filed at the Supreme Court yesterday is asking the highest court of the land to set aside the decision by the Court of Appeal and order Dr Forson and Jakpa to continue to stand trial at the High Court.

“That Accused/Appellants/Respondents be ordered to continue with their defence at the trial High Court,” a relief in the notice of appeal signed by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, stated.

Grounds of appeal

The appeal by the A-G is premised on 10 grounds, ranging from fundamental errors of law, misdirection and substantial miscarriage of justice.

It is the position of the A-G that the Court of Appeal misdirected itself when it held that the prosecution failed to establish a prima facie case for Dr Forson and Jakpa to answer by opening their defence.

The A-G indicated that the Court of Appeal failed to consider the fact that after presenting its case, the duty required of the prosecution was to establish whether the accused persons had a case to answer.

It added that the Court of Appeal, instead of focusing on whether a prima facie case had been established, rather indulged in possible defences available to Dr Forson and Jakpa, which were the very essence for them to open their defence.

“The majority’s consideration of possible defences for the accused persons showed that the accused persons indeed had a case to answer and the trial court was justified in calling upon the accused to open their defence,” the A-G argued.

Again, the A-G averred that the Court of Appeal committed an error of law by downplaying the role of Dr Forson in the entire transactions that led to the criminal action.

“The majority ignored the fact that the 1st accused (Ato Forson ), without any request from the Ministry of Health, wrote to both the Bank of Ghana and the Controller and Accountant-General, authorising them to establish letters of credits, which resulted in Big Sea General Trading LLC shipping the vehicles to Ghana,” the A-G added.

The A-G further argued that the Court of Appeal decision resulted in a substantial miscarriage of justice when it held that Dr Forson was only acting in his official capacity when he wrote to the Bank of Ghana to establish the letters of credit.

“The Court of Appeal failed to appreciate the fundamental point that acting in an ‘official capacity’ is no defence to the offence of wilfully causing financial loss to the state,” the A-G added.

Court of Appeal decision

Dr Forson, who is a former Deputy Finance Minister, and Jakpa were on trial on charges of causing a financial loss of €2.37 million to the state in a deal to purchase 200 ambulances for the country between 2014 and 2016.

On July 30, this year, the Court of Appeal, in a 2-1 majority decision, upheld an appeal by the two challenging the trial High Court’s decision to dismiss their “submission of no case”.

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.

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