AMBULANCE CASE; AG Challenges Court of Appeal Decision at the Supreme Court

August 9, 2024

The Attorney-General’s Office, acting through the Director of Public Prosecutions (DPP), on August 8, 2024 filed an appeal at the Supreme Court against the Judgment of the Court of Appeal in the R v Ato Forson and 2 others.

The appeal, follows the Judgment of the Court of Appeal on 30th July 2024 acquitting and discharging 1st accused and 3rd accused Richard Jakpa in the now memorable Ambulance Case.

The grounds of appeal canvased by the State as captured in the Notice of Appeal are as follows:
That
“(a) The majority of the Court of Appeal misdirected itself in the application of the fundamental principles regarding the standard of proof required in determining whether a case has been made for the accused persons to answer.
(b) The holding by the majority on the Court of Appeal that the establishment of the letters of credit did not constitute payment under the contract, is contrary to the clear evidence in the case and untenable.
(c) The majority decision holding that the Ministry of Health’s default caused financial loss to the State (and not the act of the 1st accused in authorizing the establishment of the letters of credit) was laden with fundamental errors and occasioned a substantial miscarriage of justice.
(d) The majority decision failed to appreciate and correctly apply to the evidence, the essential ingredients of the offences with which the accused are charged.
(e) The holding by the majority that the authorization for the letters of credit to be issued was regular, and that the 1st Appellant/Respondent acted in his official capacity was fraught with grave errors and occasioned a substantial miscarriage of justice.
(f) The holding by the majority of the Court of Appeal that the claim by the prosecution of a lack Parliamentary approval for the transaction was an afterthought is fraught with errors, unfair to the prosecution and has occasioned a substantial miscarriage of justice.”

In effect, the Supreme Court is being invited to set aside the judgement of the Court of Appeal and order the Respondents to continue to stand trial at the High Court where they have been charged with Causing Financial Loss to the State.

It will be recalled that MP and former Deputy Finance Minister in the erstwhile government, Dr. Ato Forson (1st accused), was brought before the High Court on allegations of causing financial loss to the State. After the prosecution presented its case, the trial judge determined that the accused had a case to answer and should therefore open his defense. The accused appealed the said High Court ruling, and by a majority decision of 2–1, the Court of Appeal held that the trial judge erred in ruling that the accused had a case to answer, as the prosecution had not made a sufficient case ( prima facie case ) for them to answer.

The appeal to the Supreme Court by the state becomes even more interesting and particularly anxious for Hon. Ato Forson who would undoubtedly wish to know his fate with the said appeal considering the Presidential and Parliamentary elections on December 7, 2024.

—Naiza Issifu, a third year student at Mount University Faculty of law contributed to this article