Attorney General appeals Ato Forson, Jakpa's acquittal at Supreme Court

The Office of the Attorney General has filed an appeal against the Court of Appeal’s decision that acquitted and discharged Minority Leader Dr Cassiel Ato Forson and Richard Jakpa in the ambulance procurement case.

The AG, in a Notice of Appeal filed on August 8, 2024, argued that “the majority decision erred in applying the rule on the standard of proof necessary to determine whether the accused should be called to answer the charges against them.”

The appeal further contends that “the majority's finding that the letters of credit did not constitute a payment under the contract contradicts the evidence presented and is untenable.”

Additionally, the appeal criticizes the majority's conclusion that “the Ministry of Health was responsible for the financial loss,” claiming it contained fundamental errors and resulted in a substantial miscarriage of justice.

The Attorney General is asking the Supreme Court to overturn the acquittal and discharge and to order the accused to continue with their defence.

In a 2-1 majority decision, the Court of Appeal determined that the prosecution had failed to establish a prima facie case against Dr Forson, a former Deputy Minister of Finance, about allegations of causing a €2.37 million financial loss to the state through an ambulance deal.

The court concluded that “there was an insufficient basis for the trial High Court to require Dr Forson to present a defence.”

The court's ruling came after Dr Forson’s appeal successfully challenged the trial High Court's dismissal of his no-case submission.

Additionally, Richard Jakpa, the businessman co-defendant in the case, was also acquitted and discharged.

Justices Kwaku T. Ackah-Boafo and Philip Bright Mensah were in the majority, while Justice Alex Poku Acheampong dissented.

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