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READ FULL JUDGMENT HERE - COURT OF APPEAL SETS ATO FORSON AND RICHARD JAKPA FREE




On 30th of July, 2024, the Court of Appeal of Ghana by a majority decision of 2 -1, acquitted and discharged the Hon. Cassiel Ato Forson and Richard Jakpa in the trial popularly known as the Ambulance trial case. You can scroll down to download the full judgment, but I have also summarized it below for easy reading.

 

WHO ARE THE JUDGES 

Majority Judges

1.     Kweku T. Ackaah-Boafo J.A

2.     P. Bright Mensah J.A

Minority (dissenting Judge)

1.     Alex Poku-Acheamong J.A.

For you to understand, note that the two majority judges are the ones who agreed that Ato Forson and Richard Jakpa should be set free. The dissenting Judge disagreed that’s why he is characterized as minority or dissenting. This is normal in both the Court of Appeal and Supreme Court and that is why they always have an odd number. You can read their independent detailed reasons in the full case when you click on the link at the end of this page.

 

SUMMARY OF CASE

The two accused persons are amongst three who were arraigned before the High Court Accra and charged with the offences of willfully causing financial loss to the state amongst others.

For his part, Cassiel Ato Forson signed a letter on behalf of the then Minister of Finance, Seth Tekper to request for the establishment of Letters of Credit (LC) for the payment of the Ambulances which was being purchased by the government through the Ministry of Health.

For his part, Richard Jakpa is the local representative of Big Sea General Trading Limited, a Dubai based company which was contracted by the Ministry of Health for the supply of the said vehicles.

Upon arrival of the first 30 of the vehicles, it was detected that they were so manifestly defective that they could not be used for the purpose of providing ambulance services.

After the close of case of the prosecution, the accused persons filed a submission of no case asking the High Court to set them free because they believed the Attorney General had not been able to lead any credible evidence to establish a case against them. NB:(Under the law, if the prosecution fails to prove the crime, the accused person is not obliged to defend himself. He is set free. The accused only defends himself when the prosecution has been able to prove its case in the court.)

The trial High Court dismissed the submission of no case and asked the accused to open their defence. They therefore appealed that decision whilst defending themselves in the high Court. This decision was made on 30th March, 2023.

On 30th July, 2024, that is, one year and 4 months after appealing, the Court of Appeal approved the appeal by acquitting them and discharging them.

This decision effectively brought to an end the ongoing trial at the High Court.

Just imagine, it took the court of appeal all this time to come out with its decision. Assuming the High Court had finished the trial before the Court of Appeal decision and the high court had found them guilty, they would have spent some time in jail before this decision of the court of appeal.

What do you think about the rule in Ghana that an appeal is not an automatic “stay’ or pausing of the main case? Do you think the law should be amended to ensure that every appeal halts the main case until the appeal has been decided. What will be the pros and cons to such an amendment? Let’s discuss your views in the comments section below.

 

You can read/ download the Full Judgment of the Court of appeal by clinking this link. FULL JUDGMENT.

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Yours Truly,

 

Richard Nii Amarh


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