Jakpa’s actions constituted misconduct - CDS tells court
What constitutes misconduct by a military officer featured heavily in the questioning of the Chief of Defence Staff (CDS), Lt Gen. Thomas Oppong-Peprah, who was subpoenaed in the €2.37 million ambulance purchase case against the Minority Leader in Parliament, Dr Casiel Ato Forson, and a former military officer and businessman, Richard Jakpa.
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Mounting the witness box in court yesterday, the CDS confirmed that the actions of Mr Jakpa, such as misusing a military vehicle in a manner that was not allowed, indiscipline, lackadaisical attitude and unprofessional behaviour as contained in a special report documented three years prior to the release of Jakpa from the military, constituted misconduct.
Aside from the actions that constituted misconduct, the CDS further confirmed to the court presided over by Justice Afia Serwah Asare-Botwe that per the documents tendered by the Attorney-General in court, Mr Jakpa was not honourably released.
He agreed with the Attorney-General’s suggestion that if Mr Jakpa had been released honourably from the Ghana Armed Forces (GAF), he would have been entitled to the use of his rank in civilian life, and, among others, his name would have been recorded on the retired list of officers.
The CDS’s testimony yesterday confirmed the July 18, 2024 testimony given by Military Secretary, Air Commodore Nana Adu Gyamfi, also a subpoenaed witness to testify to the authenticity of the release report of Jakpa from the GAF.
The report was tendered into evidence by the prosecution led by the Attorney-General and Minister of Justice, Godfred Yeboah Dame, in a bid to attack the character and credibility of Mr Jakpa after former military officer accused the A-G of trying to influence him (Mr Jakpa) to give false testimony, an allegation which had been vehemently denied by the A-G.
Release
On whether or not Mr Jakpa was released honourably, Lt Gen. Oppong-Peprah, who was under the cross-examination of Mr Dame, said “per the documents, he (Mr Jakpa) was not honourably released”.
The confidential documents released by the Minister of Defence to the Attorney-General, and the military letter on Jakpa’s release also came to the fore.
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During cross-examination, counsel for Mr Jakpa, Thaddeus Sory, asked the subpoenaed witness to tell the court whether misconduct appeared on the military letter releasing Mr Jakpa.
The CDS simply replied, “No”.
He, however, explained that the Defence Minister’s letter to the Attorney-General may not be the same as the military’s release letter to Jakpa because the Defence Minister’s letter was providing records, and confirming the grounds for which Jakpa was released.
The CDS added that he could not tell the court who released Jakpa’s confidential records to the minister. He said although it was not normal for the Ministry of Defence to consult him (CDS) before replying a fellow minister’s request, the sector Minister in charge of Defence could transmit documents without recourse to him (the CDS).
The case was adjourned to today.
Not guilty
Dr Ato Forson and Mr Jakpa have been 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 have pleaded not guilty to counts of willfully causing financial loss to the state, abetment to willfully causing financial loss to the state, contravention of the Public Procurement Act, and intentionally misapplying public property.