The prosecution in the ambulance case involving the Minority Leader Dr. Cassiel Ato Forson has been accused of gambling, according to Speaker of the House Alban Bagbin.
In his words, the law must be made to function, but not as a “gamble,” as is allegedly taking place in the trial of former deputy minister of finance Dr. Ato Forson.
In relation to the importation of the 30 ambulances, Dr. Ato Forson, Dr. Sylvester Anemana, a former Chief Director of the Ministry of Health, and businessman Richard Jakpa are on trial.
On Thursday, October 19, Mr. Bagbin spoke with Felix Kwasi Owusu-Adjapong’s husband and family to express his condolences. Mr. Bagbin remarked, “The Majority Leader [Osei Kyei-Mensah-Bonsu] conveyed that he had to go early because he had issues in Kumasi to deal with that would prevent him from being available.
“Unfortunately, the Minority Leader is being persecuted; hence, he can’t be with us on a number of these times because he is appearing in court, where he is currently being tried. We all want the rule of law to be upheld, so it’s not like we don’t want it, but if pursuing a case is just a gamble that says, “I might win or I might not win, but let me do it,” I won’t recommend it for any politician because, as a leader, you always have to accept the risk that you might do something successfully or disastrously wrong.
“Could that lead to legal action against you? When hardship strikes, no one will have the fortitude to speak out bravely, and make choices when they are extremely difficult.
These are some of the considerations we must make as we carry on our collaborative effort in Ghana. You can travel to the UK and the US and find that these things are handled in other ways; they take place all over the world; they are not exclusive to Ghana. He has been absent because he was in court on the day we traveled to President Kufuor’s home and he is in court again today.
Seth Terkper, a former finance minister, was the key witness for the defense in the trial of Dr. Forson and two other defendants on Thursday, October 19.
He testified before the Economic and Financial Court in Accra that he gave his then-deputy, Dr. Cassiel Ato Forson, complete permission to write to the Bank of Ghana and ask for Letters of Credit to be established in favor of Big Sea General Trading Ltd of Dubai for the purchase of 30 ambulances.
In his testimony, Mr. Terkper informed the court that a special management meeting at the Finance Ministry, which he presided over, authorized the accused to request the establishment of Letters of Credit (LCs).
In order to ensure the execution of a contract between the Government of Ghana and Big Sea for the supply of 200 ambulances, he said he gave the directive after receiving a legal opinion from the Attorney General and the Ministry’s legal department. This was done to avoid paying a judgment debt if Big Sea filed a lawsuit against the government due to protracted delays and contract violations.
Claims made by the present Attorney General that Dr. Ato Forson put up the LCs without justification, he stated and authorization were untrue.
Two counts of knowingly causing financial harm to the state by forcing Letters of Credit to be obtained in favor of Big Sea for the delivery of ambulances “without due cause and authorization” have been brought against Minority Leader Dr. Cassiel Ato Forson.
The Attorney General’s opinion, which Mr. Terkper said he received in 2014, stated that failing to carry out the contract with Big Sea would result in judgment debt if the latter went to court over unreasonable delays in the execution of the contract for the supply of the ambulances and breaches by the Government of Ghana. Mr. Terkper went on to elaborate in his testimony about this.
The AG’s decision, according to Mr. Terkper, was unequivocal that “all governmental approvals had been obtained” for the contract, and it was binding on all government entities involved in the deal.
He added that the LCs in question were set up on a “approval basis,” meaning that the Ministry of Health had to sign off on the paperwork from Big Sea attesting to the shipment of the ambulances before approving the Bank of Ghana to pay Big Sea in accordance with the LC. If they were satisfied that Big Sea had complied with all requirements, they could then proceed to authorize the Bank of Ghana to do so.
He argued that while the Ministry of Finance was responsible for establishing the LC, the Ministry of Health was in charge of approving payments. He questioned how the Ministry of Finance could be held accountable for any problems with the ambulances when the Ministry of Health was in charge of determining their condition.
