AG Discontinues Ato Forson’s Case, Citing Political Witch-Hunt

The Attorney-General (AG) and Minister for Justice, Dr. Dominic Ayine, has explained his decision to drop the trial of current Finance Minister, Dr. Cassiel Ato Forson, stating that he believes Forson was a victim of political victimization.

In a press conference on Wednesday, Dr. Ayine discussed the reasons behind his decision to end several high-profile trials involving political figures, most of whom are members of the ruling National Democratic Congress (NDC).

Regarding Dr. Ato Forson’s case, the AG shared that he had been involved from the beginning and had a thorough understanding of the trial. After reviewing the case upon assuming office as AG, Ayine concluded that there was no valid reason to proceed with the trial.

“I believed then, and still believe now, that Hon. Ato Forson was a victim of a political witch-hunt and that he has no case to answer in this trial,” Dr. Ayine stated.

He further argued that the case lacked any legal merit. He pointed to a judgment from the Court of Appeal that ruled the trial court had made an error by asking the accused to mount a defense. Dr. Ayine criticized the appeal filed by the previous Attorney General, claiming that it was a move to save face despite lacking merit.

“The appeal was, to say the least, incompetent,” he added.

In a significant move, two weeks ago, the AG officially dropped the controversial ambulance procurement case involving Dr. Ato Forson and businessman Richard Jakpa, the third accused individual. This decision followed a ruling by the Court of Appeal, which acquitted and discharged both Forson and Jakpa.

Background of the Case

Dr. Ato Forson and Richard Jakpa had been accused of causing a financial loss of €2.37 million to the state in relation to the purchase of 200 ambulances between 2014 and 2016. At the time, Dr. Forson was serving as Deputy Finance Minister, and Jakpa was acting as the local representative for Big Sea General Trading Limited, a firm based in Dubai, UAE.

The accused individuals faced charges including wilfully causing financial loss to the state, abetting in causing financial loss, contravention of the Public Procurement Act, and intentionally misapplying public property.

According to the AG’s charge sheet, the issue began when, during the 2009 State of the Nation Address, then-President John Evans Atta Mills announced plans to acquire new ambulances for the National Ambulance Service. Jakpa later approached the Ministry of Health with a proposal to supply the vehicles, claiming to have arranged financing for the deal through Stanbic Bank.

The financing agreement was approved by Parliament, and in 2012, the Ministry of Health sought approval from the Public Procurement Authority to engage Jakpa’s company via single sourcing. In August 2014, Dr. Forson wrote to the Bank of Ghana requesting letters of credit for the purchase of 50 ambulances, which were issued.

However, the case stated that only 30 ambulances were actually purchased for €2.37 million, and none of them met the required specifications, being deemed “not fit for purpose.”